Class Action

  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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