Searching Content indexed under Class Actions by Butler Snow LLP ordered by Published Date Descending.
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Lamps Plus, Inc. v. Varela: Do Ambiguous Arbitration Agreements Provide "Consent" Necessary for Class Arbitration?
The Ninth Circuit held the arbitration agreement was ambiguous as to whether the parties agreed to class arbitration.
United States
20 Aug 2019
All Rise? Article III Standing Continues To Face Strict Scrutiny
In 2016, the United States Supreme Court issued a landmark opinion addressing Article III standing under the U.S. Constitution. See Spokeo v. Robins, ––– U.S. ––––, 136 S. Ct. 1540, 194 L.Ed.2d 635 (2016).
United States
15 Apr 2019
Bristol-Meyers Squib One Year Later
Pursuant to the Fourteenth Amendment, every litigant is entitled to due process of law – a fair and equal adjudication of its dispute.
United States
7 Dec 2018
The Ending Was Epic – United States Supreme Court Upholds Employee Class Action Waivers
In a much anticipated opinion, the United States Supreme Court held on May 21, 2018, that arbitration agreements that waive an employee's right to resolve claims through class or collective action are enforceable.
United States
25 May 2018
Skeptical Of Elephants In Mouseholes And Monster Arguments, The Supreme Court Holds Plaintiffs Can Still File 1933 Act Securities Class Actions In State Court And Not Fear Removal
On March 20, 2018, the United States Supreme Court released its unanimous decision in Cyan, Inc. v. Beaver County Employees Retirement Fund, 138 S.Ct. 1061 (2018).
United States
11 May 2018
Financial Institutions' Data Breach Class Action Bounced
I've previously blogged about a new breed of data breach class actions filed by financial institutions against retailers (as opposed to customers suing retailers).
United States
10 Nov 2016
Vanishing Premiums Part Deux?
Those of you with gray hair like me may recall the life insurance vanishing premium lawsuits from the mid-1990s.
United States
26 May 2016
Supreme Court Rejects Standing Argument In Spokeo, Inc. v. Robins
On May 16, 2016, the Supreme Court of the United States rejected the standing argument of a "bare procedural violation" advanced by the plaintiff in Spokeo, Inc. v. Robins.
United States
25 May 2016
The Tennessee Business Court Clarifies Fiduciary Duties Of LLC Members
In a recent opinion, decided 12/22/15, the Tennessee Business Court clarified the circumstances under which members of a Tennessee limited liability company owe fiduciary duties to one another.
United States
22 Apr 2016
Data Breach Class Action Against Michael Stores Doesn't Stick
The arts and crafts retail chain Michael Stores Inc. ("Michaels") received a late holiday gift in the form of a dismissal of a data breach class action lawsuit.
United States
22 Jan 2016
Why Every Data Breach Response Plan Should Involve Outside Counsel
The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions.
United States
7 Dec 2015
Up In Smoke – District Court Vacates $20,760,000 Punitive Damages Verdict In Florida Tobacco Lawsuit
On April 23, 2015, the United States District Court for the Middle District of Florida vacated a $20,760,000 punitive damages award...
United States
9 May 2015
NOT SO FAST: California District Court Allows Mobile App Data Privacy Class Action Against Google To Proceed
A putative class action lawsuit against Google, alleging that the technology giant invaded the privacy of its Google Wallet customers by sharing their personal information with third-party...
United States
28 Apr 2015
Too Much Information – Eleventh Circuit’s Review Of Ellis May Define "Personally Identifiable Information" For Cell Phone Users
Rapid technological advances have triggered an increase in cell phone privacy litigation brought pursuant to the VPPA, and Ellis is just one of the many cases challenging its role in the 21st century.
United States
8 Apr 2015
Uber And Lyft Face Class Action Suit In Memphis
The City of Memphis is the site of the latest legal challenge to the peer-to-peer ride sharing services offered by Uber and Lyft.
United States
7 Apr 2015
The Supreme Court Approves A New Tool To Defeat Class Certification In Federal Securities Fraud Cases Brought In The Fifth Circuit – Price Impact Evidence
The Supreme Court decision in Halliburton v. Erica P. John Fund, Inc., 134 S.Ct. 2398 (2014) concerns a federal securities fraud class action.
United States
6 Nov 2014
Not So Fast – Seventh Circuit Rejects Radio Shack’s FACTA Class Action Settlement
In an opinion written by Judge Posner, the Seventh Circuit squarely rejected the terms of the proposed settlement.
United States
6 Nov 2014
Sixth Circuit Prints Out Victory For Recipients Of Fax-Blasting
In a recent opinion, the Sixth Circuit recognized that unsolicited faxes impose costs in the form of wasted resources, both physical and human.
United States
28 Aug 2014
Data Breach Litigation – A New Wave Of Class Actions By Financial Institutions
Rarely does a day go by without news of a data security breach. According to the Identify Theft Resource Center, there have been a total of 447 data breaches to date this year, which represents a 20.5% increase over the same time period last year.
United States
26 Aug 2014
ATM Accessibility Class Actions Make Their Way To Middle Tennessee
Seven class action lawsuits have been recently simultaneously filed against separate banks and credit unions in Middle Tennessee, alleging that the defendants’ ATMs failed to comply with the Americans with Disabilities Act.
United States
7 Aug 2013
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