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Identify Theft Litigation Update: Ninth Circuit Upholds Dismissal Of Speculative Claims
Updating a prior post, the Ninth Circuit, in Ruiz v. Gap, Inc., recently upheld a dismissal on summary judgment on the grounds that the mere risk of identity theft is too speculative of an injury to substantiate a…
Third Circuit Affirms Dismissal of Consumer Class Action Arising Out of NFL "Spygate" Scandal
The Third Circuit in Mayer v. Belichick recently affirmed dismissal of a consumer class action filed by disappointed football fans and season ticket-holders in response to the now infamous “spygate” scandal. As you…
CAFA Update: Denial of Class Certification does not Divest Federal Court of Jurisdiction Over Case Removed Under CAFA
Earlier this year, the Seventh Circuit in Cunningham Charter Corp. v. Learjet, Inc. held that denial of class certification does not eliminate subject matter jurisdiction in a case removed from state court under the…
The Ninth Circuit Certifies Largest Civil Rights Class Action Suit in U.S. History
On April 26, 2010 the Ninth Circuit in Dukes v. Wal-Mart Stores Inc. ruled in a divided 6-5 vote to affirm certification of a class of 500,000 current female employees of Wal-Mart Stores for alleged gender…
U.S. Supreme Court Holds that State Law Does Not Bar Federal Courts from Using Class Action Device for State Law Claims
In a significant class action decision, Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08-1008, 559 U.S. -- (Mar. 31, 2010), the U.S. Supreme Court recently held that federal rules on class…