Data breach plaintiffs often have a very difficult time stating a concrete injury, and courts have wrestled with whether these plaintiffs can file suit in federal court. We have been watching this issue and writing about it frequently. The issue is whether plaintiffs have suffered an “injury in fact” that gives them Article III
The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues
Last week the Sixth Circuit took a big step to extend its reputation as one of the most class-friendly circuits in the country. In Martin v. Behr Dayton Thermal Prods. LLC, Judge Jane Stranch, writing for a unanimous panel, concluded that although a toxic tort class action involving the “risk of vapor intrusion” into
The Supreme Court Will Soon Weigh in on Class Arbitration and Cy Pres Issues
The U.S. Supreme Court has decided to hear two important cases next year involving important issues for class action lawyers and the clients they serve.
In Lamps Plus Inc. v. Varela, the Supreme Court will decide “whether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that would authorize class arbitration