The Stealthy Traffic Camera and the Class Action That Wasn’t

Mobile speed units.  Those mindless menaces squinting at everything that rolls down the road.  Most drivers approach them with caution, but others, either oblivious to their presence or bent on one-upping the machine, speed by, only to have their stomachs sink when a ticket arrives in the mail. Continue reading “The Stealthy Traffic Camera and the Class Action That Wasn’t”

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

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”

Coming Up This Term from SCOTUS

One class action-related case, so far:  Microsoft v. Baker, case no. 15-457, on certiorari from the Ninth Circuit.  The issue:  “Whether a federal court of appeals has jurisdiction under both Article III and 28 U.S.C. § 1291 to review an order denying class certification after the named plaintiffs voluntarily dismiss their individual claims with prejudice.” Continue reading “Coming Up This Term from SCOTUS”

Nationwide Moves for Reconsideration Following Sixth Circuit’s revival of Data Breach Class Action

On September 26, 2016, Nationwide Mutual Insurance Co. (“Nationwide”) petitioned the Sixth Circuit Court of Appeals to reconsider its September 12, 2016 ruling that revived a class action arising out of Nationwide’s 2012 data breach.  Citing a notice of supplemental authority filed in another class action pending before the Third Circuit, Nationwide argued that rehearing en banc is necessary to resolve conflicts among the Circuits regarding the injury-in-fact and traceability requirements of Article III standing. Continue reading “Nationwide Moves for Reconsideration Following Sixth Circuit’s revival of Data Breach Class Action”