A California federal judge has denied class certification in a data privacy lawsuit against Yodlee, Inc., finding that the proposed class representatives lacked Article III standing and failed to satisfy Rule 23’s typicality and adequacy requirements. Covington represents Yodlee in this action. Clark v. Yodlee, No. 20-cv-05991-SK (N.D. Cal.)
Plaintiffs filed the putative class action…
With the growing popularity in cryptocurrency investments, class actions related to crypto assets have soared. These lawsuits raise a host of novel legal questions, including how established personal jurisdiction principles apply to crypto companies. A Colorado federal court recently provided guidance on this question, dismissing a lawsuit involving crypto wallet Atomic Wallet for lack of…
Last year, in an important decision for companies that routinely face false advertising claims, the Ninth Circuit held that when “a front label is ambiguous, the ambiguity can be resolved by reference to the back label.” McGinity v. Procter & Gamble Co., 69 F.4th 1093, 1099 (9th Cir. 2023). The Ninth Circuit recently further clarified…
In the first court decision addressing National Bank Act preemption since the Supreme Court clarified the standard in Cantero v. Bank of America, N.A., 144 S. Ct. 1290 (2024), the Ninth Circuit reaffirmed that the Act does not preempt a California state law requiring banks to pay interest on funds held in their customers’ escrow…
The California Invasion of Privacy Act (CIPA) provides a private right of action only to those who have “been injured by a violation of” CIPA. A California Superior Court decision, Rodriguez v. Fountain9, Inc., 2024 WL 3886811, at *4 (Cal. Super. July 9, 2024), confirmed that a plaintiff cannot satisfy this statutory standing requirement unless…
In Ohio Carpenters’ Pension Fund v. Deutsche Bank AG, no. 22-cv-10462-ER (S.D.N.Y. Aug. 26, 2024), the U.S. District Court for the Southern District of New York dismissed an antitrust class action alleging a conspiracy between Deutsche Bank and Rabobank to manipulate prices of European government bonds. Plaintiffs, certain U.S.-based pension funds, alleged that the defendants…
A Central District of California court recently dismissed a putative privacy class action after determining that the movie theater defendants were not Video Tape Service Providers as defined by the Video Privacy Protection Act (“VPPA”). See Walsh v. California Cinema Investments LLC, 2024 WL 3593569 (C.D. Cal. July 29, 2024). Two other California federal courts…
In Montera v. Premier Nutrition Corp., — F.4th —, 2024 WL 3659589 (9th Cir. Aug. 6, 2024), the Ninth Circuit vacated and remanded a district court’s statutory damages award, holding that an aggregate award of statutory damages is not subject to the Supreme Court’s State Farm due process standard for punitive damages, but should instead…
On August 6, 2024, Judge Jorge L. Alonso of the Northern District of Illinois issued an order dismissing Brantley v. Prisma Labs, Inc., a proposed class action suit against the creator of the “Magic Avatar” AI app for lack of standing and lack of personal jurisdiction over the representative plaintiff Tyrone Brantley.…
Website analytics tools targeted in wiretapping lawsuits, such as pixels, often allow businesses to shield or mask collected data to avoid the transmission of sensitive data. A California federal judge recently dismissed a wiretapping complaint filed against Google that glossed over this nuance “to the point of seeming intentionally slippery” in John Doe I, et…
