Topics

A Closer Look

A Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)New Jersey Court Applies CIPA’s Party Exception to Pixel Wiretap ComplaintA Closer Look: Fourth Circuit Upholds Unambiguous Delegation Clause post- Coinbase

Advertising & Marketing

Eighth Circuit Ices False Labeling Class Action on Predominance GroundsRecent Class Actions Under State Anti-Spam Laws Target Retail Email Marketing Practices and Raise Questions about CAN-SPAM Act PreemptionIllinois Federal Court Dismisses Deceptive Advertising Class Action Against Snack Food Company

Antitrust

Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District CourtCalifornia Court Rejects First Algorithmic Price Fixing Case to Reach Summary JudgmentNinth Circuit Rejects Vegas Hotel Algorithmic Price Fixing Claims

Arbitration

Ninth Circuit Declines to Enforce “Misleading,” “Disparaging,” and “Confusing” Arbitration Agreement Mid‑LitigationThird Circuit Holds Providing Clear Notice of Intent to Compel Arbitration Preserves Right to Compel Arbitration Once Right Becomes EnforceableSEC Changes Policy on Issuer-Investor Arbitration Provisions With Important Implications for Securities Class Actions

Article III Standing

Court Applies Popa to Dismiss CIPA Pen Register Claim for Lack of Article III StandingStanding in the Dark:  Fourth Circuit Finds Standing for Driver’s License Information on the Dark WebFederal Court Fries Data Breach Class Action for Lack of Standing

Artificial Intelligence

California Court Rejects First Algorithmic Price Fixing Case to Reach Summary JudgmentNinth Circuit Rejects Vegas Hotel Algorithmic Price Fixing ClaimsCalifornia Court Dismisses Hotel Algorithmic Price Fixing Claims

Class Action Procedure

Ninth Circuit Declines to Enforce “Misleading,” “Disparaging,” and “Confusing” Arbitration Agreement Mid‑LitigationCalifornia Court Dismisses Wiretapping Claims Regarding Retailer’s Website Chat Feature on Summary JudgmentSixth Circuit Denies Permission to Appeal Class Certification Order Raising Questions of Consent and Fail-Safe Classes

Competition Law

Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District CourtCalifornia Court Rejects First Algorithmic Price Fixing Case to Reach Summary JudgmentNinth Circuit Rejects Vegas Hotel Algorithmic Price Fixing Claims

Consumer Law

Website Wiretapping Roundup: 2025 Decisions and Developments New York Passes the FAIR Business Practices ActCA Supreme Court Smooths Edges of Arbitration Invoice Payment Statute to Save it from Federal Preemption

Consumer Products

New York Passes the FAIR Business Practices ActAggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District CourtDistrict Court Junks Ultra-Processed Foods Lawsuit

D.C. Circuit

D.C. Circuit Deepens Circuit Split on Interpretation of "Consumer" Under VPPASupreme Court Declines to Wade into Class Certification “Predominance” IssueD.C. Circuit Confirms That Issue Classes Must Satisfy the Requirements of Rule 23(a) and (b)

Data Privacy and Cybersecurity

Sanctions Order in Website Wiretapping Suit Reinforces Importance of Early Fact InvestigationPennsylvania Federal Court Dismisses Wiretapping Claims Against Health InsurerCalifornia Court Dismisses Wiretapping Claims Regarding Retailer’s Website Chat Feature on Summary Judgment

Eighth Circuit

Eighth Circuit Affirms Dismissal of VPPA ClaimEighth Circuit Ices False Labeling Class Action on Predominance GroundsEighth Circuit Reverses “Windfall” Fee Award to Class Counsel

Eleventh Circuit

Court Finds Homebuyers Lack Antitrust Standing to Challenge Real Estate Brokerage Commission RulesNo Splash Without Specifics: Eleventh Circuit Rejects Claims Challenging Influencer Swimwear EndorsementsEleventh Circuit Decision Underscores Importance of Complying with AAA Rules

Employment

A Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)Employers Beware: New Wave of Illinois Genetic Information Privacy Act LitigationSecond Circuit Blocks Use of Arbitration Clause to Prevent Class Action ERISA Claims

Environmental, Social, and Corporate Governance

Supreme Court Receives Filings with Key Implications for Climate Change Tort Suits

ERISA

A Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)Supreme Court to Review ERISA Prohibited Transactions

Europe

A Closer Look: The Rise of Class Actions in the UK and the EUUK High Court Rejects Data Privacy Representative Action Against Google

Experts

Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District CourtDistrict Courts Must Address Conflicting Expert Evidence to Certify Antitrust Class Action, Seventh Circuit RulesA Closer Look: The Importance of Expert Testimony for “Reasonable Consumer” Claims

Fifth Circuit

Fifth Circuit Clarifies No Cross-Jurisdictional Tolling in TexasFifth Circuit Adopts a Test for Standing at Class Certification StageEyewear Company Wins Dismissal of Pixel Wiretapping Suit

Financial Services

Post-Cantero, Ninth Circuit Allows Prior National Bank Act Preemption Decision To Remain StandingPost-Cantero, First Circuit Sets Demanding National Bank Act Preemption TestSixth Circuit Revives Overdraft Fee Lawsuit Based on Ambiguous Contractual Terms

First Circuit

Post-Cantero, First Circuit Sets Demanding National Bank Act Preemption TestNon-signatory Defendant Unable to Meet High Burden for Compelling ArbitrationFirst Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification Denial

Food and Beverage

Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District CourtIllinois Federal Court Dismisses Deceptive Advertising Class Action Against Snack Food CompanyDistrict Court Requires Specific Testing Allegations in Dismissing PFAS Class Action

Fourth Circuit

Standing in the Dark:  Fourth Circuit Finds Standing for Driver’s License Information on the Dark WebFederal Court Fries Data Breach Class Action for Lack of StandingFourth Circuit Clarifies Standard for Rule 23’s Ascertainability and Predominance Requirements

Jurisdiction

Sixth Circuit Enforces Arbitration Agreement After Lower Court Sua Sponte Found WaiverPennsylvania District Court Judge Remands Case After Finding No Article III Standing to Bring Wiretapping ClaimSupreme Court Holds That Post-Removal Amendment of Complaint Can Destroy Federal Jurisdiction

Life Sciences

Claims that Drug Manufacturer Paid PBMs to Disrupt Operation of State Generic Substitution Laws not Viable, Says Illinois CourtCiting First Amendment Issues, Ninth Circuit Kills Prop 65 Glyphosate Warning RequirementAnother Win for Preemption in Over-The-Counter Drug Labeling Case

Litigation

Sanctions Order in Website Wiretapping Suit Reinforces Importance of Early Fact InvestigationWebsite Wiretapping Roundup: 2025 Decisions and Developments Sixth Circuit Denies Permission to Appeal Class Certification Order Raising Questions of Consent and Fail-Safe Classes

Ninth Circuit

Ninth Circuit Declines to Enforce “Misleading,” “Disparaging,” and “Confusing” Arbitration Agreement Mid‑LitigationWebsite Wiretapping Roundup: 2025 Decisions and Developments Ninth Circuit Affirms Dismissal of Wiretap Claims Based on Party Exception

Practice Pointers

Standing in the Dark:  Fourth Circuit Finds Standing for Driver’s License Information on the Dark WebDistrict Courts Must Address Conflicting Expert Evidence to Certify Antitrust Class Action, Seventh Circuit RulesNo Evading Daubert at Class Certification Stage, Sixth Circuit Rules

Preliminary Injunction

Bank Partnership Defeats Motion for Preliminary Injunction in “True Lender” Suit9th Circuit Upholds Preliminary Injunction Against Prop. 65 Acrylamide Lawsuits

Second Circuit

Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District CourtSecond Circuit Clarifies Analysis of Attorneys' Fees in Class Action SettlementA Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)

Securities

SEC Changes Policy on Issuer-Investor Arbitration Provisions With Important Implications for Securities Class ActionsSixth Circuit Remands Class Certification Ruling Back to District Court to Conduct Rigorous Analysis Under ComcastSupreme Court Expresses Skepticism Regarding Nvidia’s Motion to Dismiss Securities Class Action

Settlement

Fee-versal of FortuneSecond Circuit Clarifies Analysis of Attorneys' Fees in Class Action SettlementNinth Circuit Shoots Down Fee Award in Data Breach Class Action

Seventh Circuit

Illinois Federal Court Dismisses Deceptive Advertising Class Action Against Snack Food CompanyDistrict Courts Must Address Conflicting Expert Evidence to Certify Antitrust Class Action, Seventh Circuit RulesClaims that Drug Manufacturer Paid PBMs to Disrupt Operation of State Generic Substitution Laws not Viable, Says Illinois Court

Sixth Circuit

Sixth Circuit Denies Permission to Appeal Class Certification Order Raising Questions of Consent and Fail-Safe ClassesHigh Price of Dissent: Court Upholds Substantial Bond on Objectors To The In Re: East Palestine Train Derailment Class Action SettlementValuation and Standing—The Sixth Circuit Creates a Class Action Split

Supreme Court

End of Universal Injunctions, Re-Emergence of Rule 23(b)(2) Class ActionsSupreme Court Delays Resolution of Uninjured Class Member DebateA Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)

Technology

Website Wiretapping Roundup: 2025 Decisions and Developments Sixth Circuit Denies Permission to Appeal Class Certification Order Raising Questions of Consent and Fail-Safe ClassesEighth Circuit Affirms Dismissal of VPPA Claim

Tenth Circuit

Tenth Circuit Adopts Majority View not Requiring “Administrative Feasibility” for AscertainabilityColorado Federal Court Dismisses Data Breach Class Action for Lack of Article III StandingTenth Circuit Permits District Courts to Rely on Third and Seventh Circuit Ascertainability Precedent

Third Circuit

Website Wiretapping Roundup: 2025 Decisions and Developments Third Circuit Holds Providing Clear Notice of Intent to Compel Arbitration Preserves Right to Compel Arbitration Once Right Becomes EnforceableThird Circuit Rejects “Reasonable Indication” Opt-Out Standard

Uncategorized

Fourth Circuit Clarifies Standard for Rule 23’s Ascertainability and Predominance RequirementsSecond Circuit Affirms VPPA Dismissal: Data Is Not “Personally Identifiable Information” If Only Experts Can Decipher It