Class Action
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May 3, 2023
Retailers May Pay Price for Comparative Pricing Practices
A pair of settlements totaling $229.5 million and a newly filed lawsuit against online retailers make clear that companies must use caution when leveraging comparative pricing practices to attract customers. Online retailer Boohoo and its...
Zach Lerner, Daniel de Zayas
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April 2, 2021
Cloudy with a Chance of Litigation: Weather Channel Class Action Survives Motion to Dismiss
On March 17, 2021, a California federal judge partly denied the Weather Channel’s motion to dismiss a proposed class action over the company’s location data practices, which the plaintiff claims violated his privacy rights and various California...
Hannah Schaller, Jeff Landis, Zach Lerner
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February 19, 2020
CCPA’s Statutory Damages Push More Breach Litigation to the Golden State
We had long predicted that the CCPA’s introduction of statutory damages associated with certain data breaches would make California a popular venue for data breach class action lawsuits. Sure enough, litigants are now raising such...
Anna Hsia
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July 17, 2018
NaviStone and Clients Secure Win For Omnichannel Marketing
A federal court has dismissed a proposed class action lawsuit against an omnichannel marketing company (NaviStone) and three online retailers, holding that the companies’ alleged use of omnichannel marketing technologies did not result in a...
Ken Dreifach, Michelle Anderson
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May 17, 2016
Supreme Court Decrees Statutory Violation Alone Is Not Enough to Confer Standing
Can a person sue a company for a technical violation of a statutory right that does not cause actual concrete injury? This question has significant ramifications, as Article III’s standing requirements affect the viability of...
Nick Jackson
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January 8, 2016
Who Decides if your Arbitration Agreement Allows Class Arbitration?
At least within the Third Circuit, in order for arbitrators, not a court, to decide whether disputes are subject to class arbitration, an arbitration agreement must “clearly and unmistakably” delegate such power to arbitrators. It...
Jeff Landis
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December 18, 2015
Court Rules Arbitration Provision Unenforceable, But On Narrow Grounds
Arbitration agreements with class-action waivers are an important way companies minimize litigation risks. Reduced risk can often lead to benefits for the companies’ consumers or employees. But such arbitration provisions must be carefully crafted for...
Anna Hsia
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July 21, 2015
States to Supreme Court: Don’t Revive ‘Bad Old Days’ of Class Actions
Attorneys General from eight states submitted an amicus brief in Spokeo v. Robins, urging the Supreme Court to overturn the 9th Circuit’s ruling that a technical violation of a statute can confer Article III standing...
Jeff Landis
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October 17, 2014
Home Depot Moves to Dismiss Data Breach Class Action
Recently, Home Depot moved to dismiss one of the more than a dozen class action lawsuits filed against it following a revelation last month that its payment data system was breached. Home Depot’s motion illustrates...
Jeff Landis
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September 30, 2014
CDA Does Not Protect Websites That Fail to Warn Users About Known Dangers
In a recent opinion, Jane Doe No. 14 v. Internet Brands Inc., the Ninth Circuit decided that Section 230 of the Communications Decency Act (CDA) does not preclude liability for a website operator that failed...
Roshni Patel
