In Lackey v. Stinnie, the Supreme Court has clarified who qualifies as a “prevailing party” eligible for attorneys’ fees under certain statutes. The decision carries significant implications for the availability of attorneys’ fees in class action cases where defendants are able to moot claims before a court enters a final judgment.
At issue…
Companies with arbitration agreements should carefully consider potential arbitration providers’ mass arbitration procedures and fee structures if they could be at risk of becoming the target of a mass arbitration. FedArb, an ADR provider, recently updated its consumer and employment Mass Arbitration Rules to include a robust affirmation requirement, similar to the “reasonable inquiry” standard…
Website analytics and advertising tools, such as pixels, are regularly targeted in lawsuits brought under various wiretap laws, including the federal Wiretap Act and the California Invasion of Privacy Act (“CIPA”). Over the last several months, we have featured posts discussing an important decision from Massachusetts’ highest court about the availability of website wiretap suits…
A court in the Northern District of California recently denied Google’s request to prevent more than 69,000 putative class members from opting out of a certified class in favor of pursuing individual arbitration of their claims against Google. See In re Google Assistant Privacy Litig., 2025 WL 510435, at *1 (N.D. Cal. Feb. 14, 2025)…
Last month, a New Jersey federal judge applied Third Circuit precedent to hold that the California Invasion of Privacy Act (“CIPA”) does not impose liability for commonplace use of website marketing/analytics pixels under the well-established party exception. Cole v. Quest Diagnostics, Inc., 2025 WL 88703 (D.N.J. Jan. 14, 2025).…
The Illinois Supreme Court recently ruled that the named plaintiff in a putative data breach class action lacked standing to pursue her claims given that her private personal information had not actually been misused by a third party.…
In TransUnion LLC v. Ramirez, the Supreme Court held that “every class member must have Article III standing in order to recover individual damages.” 594 U.S. 413, 427, 431 (2021) (cleaned up). Post-TransUnion, courts have grappled with that guidance, especially as to whether a class that contains uninjured class members may permissibly be certified. As…
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…
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…
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…
