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In general, a litigant cannot sue for another person’s injury. In that circumstance, the litigant has no “standing” to pursue those claims. But Rule 23 — at least in a…
On Aug. 18, the United States Court of Appeals for the Fourth Circuit issued an opinion in the long-running Marriott Data Breach MDL Litigation. The Fourth Circuit reversed a district…
Earlier this year, the Fourth Circuit published an updated roadmap for addressing objections to class settlement. The decision, 1988 Trust for Allen Children Dated 8/8/88 v. Banner Life Insurance Co., 28 F.4th 513 (4th Cir. 2022), will be an important resource for parties hoping to bypass objections en route to…
Updated 8-16-22: StarKist and the other defendants filed their petition for certiorari in the Olean Wholesale Grocery case. A link to the Petition is here. In September 2021 and again in June of this year, we wrote about the Ninth Circuit’s opinion in Olean Wholesale Grocery v. Bumble Bee Foods…
If you’re an Uber rider, you’re probably familiar with Uber’s requests that you rate your driver. It’s a five-star rating system. Five is the best. One is the worst. As it turns out, those ratings are vitally important to Uber drivers. Uber requires its drivers to maintain a minimum star…
Last September, we wrote about the Ninth Circuit’s opinion in Olean Wholesale Grocery v. Bumble Bee Foods and the court’s decision to rehear the case en banc. The en banc Ninth Circuit has now waded back into the class certification waters, with mixed results for defendants. While the en banc…
Last month, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act, or the “FAIR Act.” The FAIR Act, should it be passed by the Senate and signed into law, would prohibit class action waivers and mandatory pre-dispute arbitration agreements in a wide range of disputes: Employment…
As class action litigation under ERISA continues its upward trend across the country, could Article III standing serve as a means through which a Court can fairly assess claims before costly discovery is imposed on defendants and judicial resources are expended? Several recent federal court decisions suggest as much. ERISA,…
