Cat Breeders, Fancy Feast, and Gravity: Seventh Circuit Vacates Certification of Classes of Dissatisfied Buyers

On March 6, 2017, the Seventh Circuit Court of Appeals vacated a district court’s certification of eight separate classes against Allergan and other defendants under an Illinois and Missouri statute.  Eike v. Allergan, Inc., No. 16-3334 (7th Cir. March 6, 2017).  Equating the plaintiffs’ allegations to that of cat breeders and Fancy Feast, Judge Posner and the Seventh Circuit held that the plaintiffs’ case amounted to mere buyer dissatisfaction and they failed to allege a cognizable misrepresentation. Continue reading “Cat Breeders, Fancy Feast, and Gravity: Seventh Circuit Vacates Certification of Classes of Dissatisfied Buyers”

Seventh Circuit Sheds Light on Spokeo; Affirms Dismissal of Class Action for Lack of Standing

Author: Jeremy Gilman (former Partner at Benesch Law)

When Derek Gubala subscribed to Time Warner Cable in 2004, he gave it his birth date, home address, home and work phone numbers, social security number, and credit card information.  Continue reading “Seventh Circuit Sheds Light on Spokeo; Affirms Dismissal of Class Action for Lack of Standing”

Plus Feature: Seventh Circuit dismisses FACTA Class Action on Spokeo Grounds

On December 13, 2016, the Seventh Circuit Court of Appeals dismissed a plaintiff’s claims under the Fair and Accurate Credit Transactions Act (“FACTA”) for lack of jurisdiction. In the first federal appellate decision involving FACTA following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the Seventh Circuit held that the plaintiff failed to establish that he suffered an injury-in-fact for purposes of Article III standing.

Continue reading “Plus Feature: Seventh Circuit dismisses FACTA Class Action on Spokeo Grounds”