Class Action Plaintiffs Can’t Have It Both Ways When Opposing Motions to...
In litigation—as in war—it is natural to focus on winning today’s skirmish and to defer planning for battles that might not happen for weeks or months. But that shortsightedness can lead to strategic...
View ArticleClass Certification Denied in Skinnygirl False-Advertising Case Because Class...
Plaintiff Christopher Rapczynski testified that he purchased Skinnygirl Margarita mix “because I love my wife,” she “said she liked it,” and she “has my three children and works very hard.” Those all...
View ArticleSupreme Court Denies Review In NECA-IBEW Case
We’ve been blogging about the Second Circuit’s decision in NECA-IBEW Health & Welfare Fund v. Goldman Sachs (pdf), which held that a named plaintiff in a securities fraud suit might have standing...
View ArticleDo the Plaintiffs Lack Standing or Are Their Claims Simply Meritless—or Both?
Here’s the situation: You’re facing a class action in federal court in which the plaintiffs define the putative class so broadly as to encompass many people who weren’t injured by the alleged...
View ArticleI May Have “Standing” To Sue For False Advertising Of Products I Didn’t...
We recently blogged about one of the recent “class standing” decisions holding that a named plaintiff has standing to represent a class on false advertising claims challenging products the named...
View ArticleUse the “Consumer” in Consumer Class Actions to Defeat Certification
Plaintiffs routinely bring consumer class actions under statutes that allow only consumers—not businesses—to bring claims, or that are limited to transactions solely for personal or household purposes....
View ArticleCourt Strikes Class Allegations in TCPA Case
The recent decision in Cholly v. Uptain Group, No. 15 C 5030, 2017 WL 449176 (N.D. Ill. Feb. 1, 2017), drives home the point—as we’ve discussed on the blog before—that sometimes the pleadings alone...
View ArticleSupreme Court hears oral argument on class-member standing and typicality
Yesterday, the Supreme Court heard oral argument (pdf) (audio) in TransUnion, LLC v. Ramirez, a Fair Credit Reporting Act case in which a federal court entered a class-wide judgment awarding statutory...
View ArticleClass Action Plaintiffs Can’t Have It Both Ways When Opposing Motions to...
In litigation—as in war—it is natural to focus on winning today’s skirmish and to defer planning for battles that might not happen for weeks or months. But that shortsightedness can lead to strategic...
View ArticleClass Certification Denied in Skinnygirl False-Advertising Case Because Class...
Plaintiff Christopher Rapczynski testified that he purchased Skinnygirl Margarita mix “because I love my wife,” she “said she liked it,” and she “has my three children and works very hard.” Those all...
View ArticleSupreme Court Denies Review In NECA-IBEW Case
We’ve been blogging about the Second Circuit’s decision in NECA-IBEW Health & Welfare Fund v. Goldman Sachs (pdf), which held that a named plaintiff in a securities fraud suit might have standing...
View ArticleDo the Plaintiffs Lack Standing or Are Their Claims Simply Meritless—or Both?
Here’s the situation: You’re facing a class action in federal court in which the plaintiffs define the putative class so broadly as to encompass many people who weren’t injured by the alleged...
View ArticleI May Have “Standing” To Sue For False Advertising Of Products I Didn’t...
We recently blogged about one of the recent “class standing” decisions holding that a named plaintiff has standing to represent a class on false advertising claims challenging products the named...
View ArticleUse the “Consumer” in Consumer Class Actions to Defeat Certification
Plaintiffs routinely bring consumer class actions under statutes that allow only consumers—not businesses—to bring claims, or that are limited to transactions solely for personal or household purposes....
View ArticleSupreme Court adopts robust view of Article III standing limitations in...
Last Friday, the Supreme Court reversed the class-wide judgment in TransUnion LLC v. Ramirez (pdf), concluding that the lower courts had not properly applied the Court’s holding in Spokeo Inc. v....
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