Class Action

On June 23, 2014, the California Supreme Court issued an opinion that further supports the enforceability of class action waivers in arbitration agreements. In Iskanian v. CLS Transportation Los Angeles, LLC, Case No. No. S204032,...

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On Wednesday, June 17, United States Magistrate Judge Laurel Beeler denied without prejudice plaintiffs’ motion for class certification in the In re Hulu Privacy Litigation matter, a putative class action brought under the Video Privacy...

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In a decision representative of a growing trend, an Illinois trial court dismissed class claims for lack of standing following an alleged data breach....

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Recently, Hilton moved for the second time to dismiss a putative class action brought against it under the California Invasion of Privacy Act (“CIPA”). In Young v. Hilton Worldwide, Inc. et al. Plaintiff alleged that...

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  On January 21, Hulu filed a brief in its ongoing Video Privacy Protection Act (“VPPA”) litigation arguing that anonymous “user numbers” are not personally identifiable information (“PII”) subject to the VPPA.  If such numbers...

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The Third Circuit issued an opinion last week addressing an apparent issue of first impression among circuit courts:  can consumers revoke their express consent to receive autodialed calls to their cell phones?  Yes, the Third...

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The Ninth Circuit wrote the next chapter in the continuing CAFA amount in controversy saga yesterday, holding that a defendant must establish the amount in controversy for removal jurisdiction by only a preponderance of the...

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Italian Colors: Price is No Object First there was Concepcion.  As everyone knows, Concepcion overruled Discover Bank, thereby confirming that a class action waiver was not unconscionable as a matter of law.  Speculation followed regarding...

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The California Supreme Court issued two decisions in August that arguably expanded the reach of the UCL: Zhang v. Superior Court, 2013 WL 3942607 (Aug. 1, 2013) and Rose v. Bank of America, 2013 WL...

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The wait is over.  The United States Supreme Court decided Comcast v. Behrend on March 27, issuing a 5-4 opinion (same alignment as in Dukes) that contained surprises for both sides of the Rule 23...

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