The U.S. District Court for the Southern District of Florida recently dismissed an antitrust class action brought by yacht sellers against yacht brokers, brokerage trade associations, and multiple listing services for preowned yachts. In Ya Mon Expeditions LLC v. International Yacht Brokers Association Inc., 1:24-cv-20805, the yacht sellers alleged that yacht brokers conspired through trade
Class Action & Mass Torts
Pennsylvania District Court Judge Remands Case After Finding No Article III Standing to Bring Wiretapping Claim
After removing a lawsuit brought against it in Pennsylvania state court under the Wiretapping and Electronic Surveillance Control Act (“WESCA”) to the United States District Court for the Eastern District of Pennsylvania, Prime Hydration LLC argued in its motion to dismiss that the plaintiff lacked Article III standing. Judge Nitza I. Quiñones Alejandro agreed and…
California Federal Court Grants Summary Judgment on Most Claims in Data Privacy Case
A California federal judge has largely granted summary judgment in a data privacy lawsuit against Yodlee, Inc., finding that two of the five plaintiffs lacked Article III standing for all remaining claims and that the three other plaintiffs lacked Article III standing for—and failed to create genuine disputes of fact on the merits about—two of…
Third Circuit Affirms That Individual Inquiries Into Consent Preclude Class Certification
The Third Circuit recently affirmed a district court’s ruling in a Telephone Consumer Protection Act (“TCPA”) case that rejected class certification because individualized questions about consent precluded predominance. Conner v. Fox Rehabilitation Servs., P.C., 2025 WL 289230 (3d Cir. Jan. 24, 2025).
In Conner, a plaintiff brought a putative TCPA class action alleging that the…
Supreme Court to Decide If Presence of Uninjured Class Members Defeats Class Certification
On January 24, the Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis to address a long-unsettled issue central to class-action litigation: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.”…
Second Circuit Affirms Dismissal of Consumer Class Action Challenging Nutrition Shakes and Drinks As Misleading
In Bates v. Abbott Laboratories, the Second Circuit affirmed dismissal of a consumer class action challenging the labeling of Ensure shakes and drinks as materially misleading. 2025 WL 65668, at *1–2 (2d Cir. Jan. 10, 2025). …
A Closer Look: Fourth Circuit Upholds Unambiguous Delegation Clause post- Coinbase
Companies whose agreements with consumers contain an arbitration clause that delegates certain decisions to an arbitrator to resolve should be mindful of a recent Fourth Circuit decision clarifying what disputes may be resolved by a court and what disputes may be resolved by an arbitrator.
In Modern Perfection, LLC v. Bank of America, N.A., —…
Pennsylvania Court Dismisses A Trio of Defendants in Website Wiretapping Suit Challenging Email Marketing Program
A Pennsylvania court recently dismissed a wiretapping complaint filed against a trio of defendants for lack of Article III standing, lack of personal jurisdiction, and failure to state a claim in Ingrao v. Addshoppers, Inc., 2024 WL 4892514 (E.D. Pa. Nov. 25, 2024).
The two plaintiffs in this case contended that Defendant AddShoppers runs a…
Supreme Court Holds That Post-Removal Amendment of Complaint Can Destroy Federal Jurisdiction
The Supreme Court recently held in Royal Canin U.S.A., Inc. v. Wullschleger that even if a defendant properly removes a complaint from state to federal court based on federal question jurisdiction, a plaintiff’s post-removal amendment of the complaint to eliminate the basis for federal question jurisdiction will also deprive the federal court of supplemental jurisdiction…
California Federal Court Grants Summary Judgment to CIPA Defendants
A court in the Northern District of California recently granted summary judgment to DDR Media LLC and Jornaya in a website wiretapping lawsuit under the California Invasion of Privacy Act (“CIPA”). See Williams v. DDR Media, LLC, 2024 WL 4859078 (N.D. Cal. Nov. 20, 2024). This decision represents a meaningful victory for defendants facing similar…