In a putative consumer data breach class action, a court in the Northern District of California recently denied a cloud solution company’s motion to dismiss the plaintiffs’ negligence claim finding that the plaintiffs plausibly alleged that the company owed consumers
Class Action & Mass Torts
Canadian Appellate Decision Highlights Class Action and Mass Arbitration Risks for Companies in Operating in Multiple Jurisdictions
The Court of Appeal for Ontario dismissed Binance’s appeal after a lower court declined to stay a proposed class action and enforce an arbitration agreement contained in Binance’s terms and conditions. The decision carries implications for companies who do retail…
South Dakota a Giant (Settlement) Killer?
State Seeks to Derail NCAA NIL Settlement
The State of South Dakota has unleashed a two-pronged attack attempting to undo, or at least modify, the NCAA’s settlement of antitrust claims regarding its name, image, and likeness rules. In September, shortly after…
Do Andexxa Risks Outweigh Benefits Given Increased Rate of Thrombosis and Thrombosis-Related Deaths?
Issue to be Considered by FDA Advisory Committee on November 21, 2024, and Discussion May Lead to Andexxa Drug Recall
(Posted by Tom Lamb at Drug Injury Watch)
At its November 21, 2024 meeting, the FDA’s Cellular,…
The Class Action Weekly Wire – Episode 83: How Trump’s Second Term Could Transform Class Action Litigation
Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partners Jerry Maatman and Jennifer Riley with their discussion of how the Trump’s second term in the White House could transform the class action arena…
Illinois Federal Court Rules BIPA Single-Violation Amendment Applies Retroactively
An Illinois federal court has held that the state’s recent amendment to its Biometric Information Privacy Act (“BIPA”) capping damages to one recovery for repeated identical violations applies to cases filed prior to its enactment. Gregg v. Cent. Transp. LLC,…
Supreme Court Expresses Skepticism Regarding Nvidia’s Motion to Dismiss Securities Class Action
On Wednesday, November 13, the Supreme Court heard oral argument in the case NVIDIA Corp. v. Ohman J, a class action suit filed in the Northern District of California alleging securities fraud under § 10(b) of the Securities Exchange Act of…
Ninth Circuit Holds That Third-Party Intervenors Do Not Have Standing to Challenge Class Action Settlements
Earlier this month, the Ninth Circuit held in Sweet v. Cardona that although a third-party intervenor who wishes to object to a class settlement may have Article III standing based on an alleged reputational harm from the settlement, the intervenor…
TLMT Conference In Mexico Addresses Key Complex Litigation Issues
By Gerald L. Maatman, Jr. Duane Morris Takeaways: The Trial Lawyers of Mass Torts (TLMT) – an organization of plaintiffs’ class action lawyers – hosted their annual educational conference this week in Cabo, Mexico. TLMT invited Gerald L. Maatman, Jr.…
EEOC Posts Its Internal Scorecard: Insights For Employers
By: Adam Rongo, Andrew Scroggins, and Christopher DeGroff
Seyfarth Synopsis: On November 15, 2024, the EEOC released its Agency Financial Report (“AFR”) for Fiscal Year 2024. The AFR is intended to provide a description of the Agency’s…