LXBN » Class Action & Mass Torts

By Gerald L. Maatman, Jr., Alex W. Karasik, and George J. Schaller Duane Morris Takeaway: Artificial intelligence took the employment world by storm in 2023, quickly becoming one of the most talk...

https://www.lexblog.com/2024/04/26/artificial-intelligence-litigation-risks-in-the-employment-discrimination-context/

By Gerald L. Maatman, Jr., Alex W, Karasik, and George J. Schaller Duane Morris Takeaways: On April 11, 2024, the Illinois Senate passed Senate Bill 2979 (the “Bill”) by vote of 46 to 13. The...

https://www.lexblog.com/2024/04/25/sb-2979-illinois-biometric-privacy-act-legislation-passes-the-illinois-senate/

A Northern District of California court excluded two groups from certified classes alleging privacy violations against Google, finding that individuals who did not set their own privacy settings ...

https://www.lexblog.com/2024/04/25/in-internet-privacy-case-predominance-rejected-for-persons-who-did-not-choose-their-own-privacy-settings/

  Crypto investment fraud has been on the rise, but Mauricio Chavez, Giorgio Benvenuto and 24 additional defendants with CryptoFX, added a new twist to their investment scam. They set their Hous...

https://www.lexblog.com/2024/04/25/uncovering-the-300-million-ponzi-scheme-mlm-pyramid-structure/

Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partner Jennifer Riley and associates AJ Rudowitz and Daniel Selznick with their discussion of 2...

https://www.lexblog.com/2024/04/25/the-class-action-weekly-wire-episode-52-2024-preview-antitrust-class-action-litigation/

She Went to the Local ER With Loss of Vision 11 Days After Receiving an Intravitreal Syfovre (Pegcetacoplan) Injection   (Posted by Tom Lamb at Drug Injury Watch)   In the March 2024 edition...

https://www.lexblog.com/2024/04/24/syfovre-retinal-vaso-occlusive-vasculitis-case-report-involving-78-year-old-woman-with-vision-loss/

On April 15, the U.S. Supreme Court declined a request by Visa and Mastercard to review a D.C. Circuit decision that appeared to add to a circuit split about how lower courts are to determine whe...

https://www.lexblog.com/2024/04/23/supreme-court-declines-to-wade-into-class-certification-predominance-issue/

By Gerald L. Maatman, Jr., Alex W, Karasik, and George J. Schaller Duane Morris Takeaways: In Mobley v. Workday, Inc., Case No. 23-CV-770 (N.D. Cal. April 9, 2024) (ECF No. 60), the Equal Emplo...

https://www.lexblog.com/2024/04/22/eeoc-weighs-in-on-novel-artificial-intelligence-suit-alleging-discriminatory-hiring-practices/

A court in the Southern District of New York recently dismissed a lawsuit alleging that an “All Natural” representation on the front label of defendant’s beverage products was false and mis...

https://www.lexblog.com/2024/04/22/sdny-court-dismisses-false-advertising-lawsuit-alleging-all-natural-is-misleading-based-on-alleged-use-of-synthetic-citric-acid/

Notable litigation filed during March 2024 includes SEC v. Sanchez, et al. and four related actions captioned Dottore v. FC Real Estate Development Co., Dottore v. Kensington Pointe Ltd., Dottore...

https://www.lexblog.com/2024/04/22/notable-litigation-march-2024/

  By: Gerald L. Maatman, Jr., Sarah Gilbert, and Nick Baltaxe Duane Morris Takeaways: In a consolidated appeal – entitled Casola v. Dexcom, Inc., Bottiglier v. Dexcom, Inc., and Pfeifer v. Dex...

https://www.lexblog.com/2024/04/19/ninth-circuit-strikes-down-defendants-attempt-at-super-snap-removals/

By Gerald L.  Maatman, Jr. and Sean P. McConnell Duane Morris Takeaways: On April 15, 2024, in Visa Inc., et al., v. National ATM Council, Inc., et al., No. 23-814 (Apr. 15, 2024),  the U.S. Su...

https://www.lexblog.com/2024/04/19/u-s-supreme-court-declines-review-of-class-certifications-in-antitrust-atm-fee-dispute/

Environmental, social, and corporate governance (ESG) initiatives have become increasingly important in today’s business setting.  Increased awareness and heightened scrutiny of ESG-related is...

https://www.lexblog.com/2024/04/18/a-closer-look-developing-trends-in-esg-litigation/

By Eden E. Anderson, Rebecca S. Bjork, and Gerald L. Maatman, Jr. Duane Morris Takeaways:  On April 10, 2024, the Ninth Circuit held in Fli-Lo Falcon, LLC v. Amazon.com, Case No. 22-35818 (9th C...

https://www.lexblog.com/2024/04/18/ninth-circuit-holds-that-business-entities-cannot-qualify-as-transportation-workers-exempt-from-the-federal-arbitration-act/

By Gerald L. Maatman, Jr., Jennifer A. Riley, and Sean P.  McConnell  Duane Morris Takeaway: Class action litigation involving antitrust claims had several key developments in 2023, despite a r...

https://www.lexblog.com/2024/04/18/introducing-the-duane-morris-antitrust-class-action-review-2024/

In a short, unanimous opinion on April 12, 2024, the Supreme Court shut the door on “pure omission” claims under Rule 10b–5 and made clear that the Rule is limited to claims based on false ...

https://www.lexblog.com/2024/04/17/supreme-court-rejects-pure-omission-claims-under-sec-rule-10b-5/

Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partner Jennifer Riley and associate Derek Franklin with their discussion of 2023 developments a...

https://www.lexblog.com/2024/04/17/the-class-action-weekly-wire-episode-51-2024-preview-tcpa-class-action-litigation/

By Eden E. Anderson, Rebecca S. Bjork, and Gerald L. Maatman, Jr. Duane Morris Takeaways:  On April 12, 2024, the U.S. Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St...

https://www.lexblog.com/2024/04/17/u-s-supreme-court-holds-that-application-of-the-faas-transportation-worker-exemption-turns-upon-the-work-performed-and-not-the-employers-industry/

Commercial Roundup has some catching up to do this week. See the jumbo installment below.

https://www.lexblog.com/2024/04/16/commercial-roundup-april-16-2024/

By: Matthew J. Gagnon Seyfarth Synopsis: It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues fro...

https://www.lexblog.com/2024/04/16/key-developments-in-equal-pay-litigation-the-second-circuit-finally-sees-some-daylight-between-federal-and-state-equal-pay-statutes-4/

By: Matthew J. Gagnon Seyfarth Synopsis: It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues fro...

https://www.lexblog.com/2024/04/16/key-developments-in-equal-pay-litigation-the-second-circuit-finally-sees-some-daylight-between-federal-and-state-equal-pay-statutes-3/

By: Matthew J. Gagnon Seyfarth Synopsis: It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues fro...

https://www.lexblog.com/2024/04/16/key-developments-in-equal-pay-litigation-the-second-circuit-finally-sees-some-daylight-between-federal-and-state-equal-pay-statutes-2/

By: Matthew J. Gagnon Seyfarth Synopsis: It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues fro...

https://www.lexblog.com/2024/04/16/key-developments-in-equal-pay-litigation-the-second-circuit-finally-sees-some-daylight-between-federal-and-state-equal-pay-statutes/

The Northern District of Illinois recently denied certification to several proposed classes of purchasers of a seizure drug called Acthar in City of Rockford v. Mallinckrodt ARD, Inc., No. 3:17-c...

https://www.lexblog.com/2024/04/16/court-denies-class-certification-in-antitrust-case-based-on-experts-reliance-on-unsupported-assumptions-in-damages-model/

Another federal district court has dismissed a putative class action complaint asserting that an online retailer’s chat feature violated the users’ privacy under the California Invasion of Pr...

https://www.lexblog.com/2024/04/15/federal-court-dismisses-class-action-asserting-california-wiretapping-claim-based-on-website-chat-feature/

By Alex W. Karasik, Gerald L. Maatman, Jr. and Jennifer A. Riley Duane Morris Takeaways: The EEOC’s fiscal year (“FY 2024”) spans from October 1, 2023 to September 30, 2024. Through the mi...

https://www.lexblog.com/2024/04/15/eeoc-mid-year-lawsuit-filing-update-for-fiscal-year-2024/

By Gerald L. Maatman, Jr., Jesse S. Stavis, and Ryan T. Garippo Duane Morris Takeaways: On April 5, 2024, Judge Marilyn J. Horan of the U.S. District Court for the Western District of Pennsylvani...

https://www.lexblog.com/2024/04/15/pennsylvania-federal-court-dismisses-data-privacy-class-action-based-on-lack-of-standing/

Defendants in privacy class action lawsuits increasingly face assertions by plaintiffs and putative class members that they should be awarded statutory penalties that vastly exceed any purported ...

https://www.lexblog.com/2024/04/11/federal-district-court-applies-excessive-fines-clause-of-constitution-to-reduce-civil-statutory-penalties/

By Gerald L. Maatman, Jr., Jennifer A. Riley, Emilee Crowther, and Ryan Garippo Duane Morris Takeaway: The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, et seq., has long been a foc...

https://www.lexblog.com/2024/04/11/introducing-the-all-new-duane-morris-tcpa-class-action-review-2024/

A federal judge in the Southern District of California recently granted Hwareh.com’s motion to dismiss a proposed class action claiming that third-party source code on its website unlawfully ro...

https://www.lexblog.com/2024/04/10/federal-court-dismisses-wiretapping-claims-against-pharmacy-for-lack-of-personal-jurisdiction/