Injury in Fact

In re Mednax Services, MDL No. 2994, is an MDL (multidistrict litigation) pending in the Southern District of Florida, currently in its early stages.  2021 U.S. Dist. LEXIS 195342, *8-9 (S.D. Fla. Oct. 9, 2021).  In a striking move late last week, a federal court ordered a stay of the proceedings pending resolution of

In case you missed their presentation this week to the Association of Corporate Counsel, the webinar given by CPW’s Alan Friel, Kyle Fath and Kristin Bryan was recorded and is now available here.  In it they cover an update on new US privacy laws, including for California, Colorado and Virginia (among others), as well

In June, we discussed a putative class action filed in the Eastern District of Pennsylvania concerning a data breach involving COVID-contact tracing data.  Following the Plaintiff’s filing of an amended complaint, the remaining Defendant has now moved to dismiss on both standing and substantive grounds.  Read on below.

To recap the alleged facts underlying this

Here at CPW, we have covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent rare decision out of a district court in the Ninth Circuit dismissed a data event litigation for lack of standing—showing the efficacy of a particular type of motion practice known

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

BREAKING: Sixth Circuit in Sonic Data Breach Litigation Denies Request to Appeal District Court’s Certification of Class, Dismissing Sonic’s Self-Identification and Standing

 CPW’s Kristin Bryan has been covering the Sonic data breach litigation and broader lessons the case carries for other data privacy class actions.  A ruling from the Sixth Circuit this week is a powerful reminder of the district court’s discretion in ruling on issues pertaining to class certification—and barriers to challenging certification of a class. 

Just a couple weeks ago, we reported on another case from the Eastern District that dismissed a FDCPA case for lack of standing post-TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021). Another recent decision from the same court (different judge) shows, yet again, that Ramirez has teeth.  In Grauman, No.

CPW previously has covered multiple decisions that address Article III standing requirements for pleading a claim in federal court. A recent decision out of a federal court in Missouri is an example of a Court finding that Plaintiff properly alleged facts to constitute standing in a data event litigation. Specifically, the Court analyzed the question

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

In re FDCPA Mailing Vendor Cases: The Eastern District of New York Takes On-and Cuts Off-The Explosion of Increasingly Novel Theories of

In recent years, Fair Debt Collection Practices Act (“FDCPA”) litigation has exploded—and particularly so in the Eastern District of New York, one of the busiest FDCPA dockets in America.  Increasingly, the theories of liability in many FDCPA cases have become increasingly attenuated, and focused primarily on the recovery of fees for plaintiffs’ counsel rather than