In today’s world nearly everyone’s name, address and various other pieces of arguably personal information reside on many companies’ computer servers. Sharing of such information between companies has resulted in countless class action suits, in many of which the alleged harm is negligible at best. The Supreme Court’s decision on Article III standing in TransUnion
Standing
TransUnion v. Ramirez: New Standing Decision Presents Strategic Considerations for Class Action Defendants
By Wystan Ackerman on
Posted in Defense Strategy
Last Friday, the U.S. Supreme Court issued a new decision on the requirement that plaintiffs have “standing” to sue in federal court. More specifically, the Court addressed what is required for a plaintiff to demonstrate “concrete harm.” Following this decision, defendants in class actions will have significant strategic decisions to make about whether and when…
Lack of Standing in TCPA Class Action Results in Remand to State Court, Says The Eighth Circuit
By Wystan Ackerman on
Posted in Defense Strategy
A recent decision by the Eighth Circuit in a Telephone Consumer Protection Act (TCPA) class action provides an important pointer for defendants and their counsel with respect to strategy in defending a putative class action. The key takeaway is to take into consideration whether the case was originally filed in federal court or removed from…
Thoughts on Supreme Court Oral Argument in Spokeo, Inc. v. Robins
By Wystan Ackerman on
Posted in Defense Strategy
Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private…
Spokeo, Inc. v. Robins: Supreme Court to Decide Class Action Standing Issue
By Wystan Ackerman on
Posted in Defense Strategy
The U.S. Supreme Court recently granted certiorari in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSblog page), to decide whether a plaintiff who does not suffer any injury has Article III standing to sue for violation of a federal statute. The case will not be argued until the next Supreme Court Term, likely…
Medpay and Personal Injury Protection (PIP) Class Action: Eighth Circuit Reverses Class Certification, Stressing That All Class Members Must Have Standing
By Wystan Ackerman on
Posted in Auto Insurance
The Eighth Circuit recently addressed class certification in an insurance class action involving medpay and personal injury protection (PIP) coverage. The case involved the use of third-party bill reviewers and the application of a guideline comparing charges for medical services to the 80th percentile of such charges in the geographic area. The court applied the…