Class Action
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September 10, 2014
California Federal Courts Offer Some Relief to Adobe and Cisco in Pending Class Actions
Two big names in the technology software and equipment industries won at least short-term victories last week in the Northern District of California. See Halpain v. Adobe Systems, Inc., 5:13-cv-05226 (N.D. Calif. 2014); Doe I...
Stacey Brandenburg
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August 20, 2014
Ninth Circuit Affirms Barnes & Noble Can’t Use Browsewrap Agreement to Compel Arbitration
On Monday, August 18, a three-judge panel of the Ninth Circuit struck a blow to browsewrap agreements, affirming a district court’s denial of Barnes & Noble’s motion to compel arbitration in Nguyen v. Barnes & Noble Inc., No....
Jeff Landis
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June 27, 2014
Class Action Waivers In Arbitration Survive In The Golden State
On June 23, 2014, the California Supreme Court issued an opinion that further supports the enforceability of class action waivers in arbitration agreements. In Iskanian v. CLS Transportation Los Angeles, LLC, Case No. No. S204032,...
Anna Hsia
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June 19, 2014
Class Certification Denied in Hulu VPPA Case
On Wednesday, June 17, United States Magistrate Judge Laurel Beeler denied without prejudice plaintiffs’ motion for class certification in the In re Hulu Privacy Litigation matter, a putative class action brought under the Video Privacy...
Jeff Landis
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June 2, 2014
Plaintiffs’ Breach Claims Dismissed for Lack of Standing
In a decision representative of a growing trend, an Illinois trial court dismissed class claims for lack of standing following an alleged data breach.
Bart Huff
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May 22, 2014
Hilton Tries for Second Time to Toss California Invasion of Privacy Act (CIPA) Class Action
Recently, Hilton moved for the second time to dismiss a putative class action brought against it under the California Invasion of Privacy Act (“CIPA”). In Young v. Hilton Worldwide, Inc. et al. Plaintiff alleged that...
Jeff Landis
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January 24, 2014
Hulu Argues Anonymous User Numbers Are Not PII Under Video Privacy Protection Act
On January 21, Hulu filed a brief in its ongoing Video Privacy Protection Act (“VPPA”) litigation arguing that anonymous “user numbers” are not personally identifiable information (“PII”) subject to the VPPA. If such numbers...
ZwillGen
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September 3, 2013
Gager v. Dell Financial Services: TCPA Allows Consumers To Revoke Consent to Be Contacted Via Cell Phone
The Third Circuit issued an opinion last week addressing an apparent issue of first impression among circuit courts: can consumers revoke their express consent to receive autodialed calls to their cell phones? Yes, the Third...
ZwillGen
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August 30, 2013
Ninth Circuit Moves to Preponderance Standard for CAFA Jurisdiction
The Ninth Circuit wrote the next chapter in the continuing CAFA amount in controversy saga yesterday, holding that a defendant must establish the amount in controversy for removal jurisdiction by only a preponderance of the...
ZwillGen
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August 29, 2013
Arbitration—Does Italian Colors Settle California Law?
Italian Colors: Price is No Object First there was Concepcion. As everyone knows, Concepcion overruled Discover Bank, thereby confirming that a class action waiver was not unconscionable as a matter of law. Speculation followed regarding...
ZwillGen
