Maine Appeals
First Class Defense
September 18, 2025

MOVEit Data Breach Litigation: District of Massachusetts Allows Bellwether Negligence and Consumer Protection Claims to Proceed
Class Action Litigation, Class Actions, Consumer Class Actions, Privacy Class Actions, US District Court - Mass
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On July 31, 2025, the District of Massachusetts issued two rulings largely denying motions to dismiss filed by software developer Progress Software Corporation (“Progress”) and certain direct users or vendor contracting entities employing Progress’ software product, MOVEit (the “Bellwether Defendants”). In the In re: MOVEit Customer Data Security Breach Litigation, MDL No. 1:23-md-03083-ADB, the Court […]

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September 03, 2025

Why Confidential Witness Allegations Fail the Tellabs Test in the District of Massachusetts
Class Action Litigation, Class Actions, Securities Class Actions, US District Court - Mass
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While securities class action filings are on the rise within the First Circuit, the District of Massachusetts continues to apply a high degree of scrutiny to securities fraud allegations, including particularized facts necessary to establish a strong inference of scienter. In this final installment of our three-part series, we examine the District of Massachusetts’ approach […]

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August 13, 2025

Three Key Reasons Why Securities Class Actions Are Failing on Material Misrepresentation Grounds in the District of Massachusetts
Class Actions, First Circuit Decisions, Litigation, Securities Class Actions, US District Court - Mass
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As securities class action filings continue to rise in the First Circuit, courts in the District of Massachusetts are setting a high bar for pleadings—especially when it comes to alleged material misrepresentations. This second installment in our three-part series examines how recent decisions in the District of Massachusetts have applied the PSLRA’s safe harbor provision, […]

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July 29, 2025

District of Massachusetts Sees Rise in Securities Fraud Class Actions Despite Dismissal Risks
Class Action Litigation, Class Actions, Securities Class Actions, US District Court - Mass
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This is part one of a three-part series exploring the recent uptick in securities class action filings in the First Circuit and examining recent decisions issued by the District of Massachusetts. This post examines current trends in securities class action filings and recent decisions on motions to dismiss in the District of Massachusetts. Securities Class […]

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July 15, 2025

Massachusetts Federal Court Rules Non-Signatory Can Enforce Arbitration Agreement
Arbitration, Class Action Litigation, US District Court - Mass
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On June 12, 2025, in Watkins v. Musk, the District of Massachusetts granted Elon Musk’s motion to dismiss a putative class action and to refer the claim to arbitration. The court ruled Musk could enforce an arbitration agreement between plaintiffs and Tesla to prevent Musk from having to litigate the claim, despite Musk not being […]

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July 07, 2025

Massachusetts Federal Court Grants Summary Judgment to Media Company in VPPA Suit
Class Action Litigation, Class Actions, Litigation, Massachusetts Decisions, US District Court - Mass
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In March 2025, we reported that the District of Massachusetts had denied class certification of the plaintiff’s Video Privacy Protection Act (VPPA) claims in Therrien v. Hearst Television Inc. for failure to meet the implied ascertainability requirement of Rule 23. More recently, in April 2025, the District of Massachusetts granted summary judgment in favor of […]

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June 23, 2025

After Oral Argument, Supreme Court Dismisses Labcorp Appeal of Class Certification Based On Article III Standing and Circuit Split Persists
Class Action Litigation, Class Actions, Class Certifications, Litigation, Supreme Court
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On April 29, 2025, the Supreme Court heard oral argument in Labcorp v. Davis, in which it considered the question of whether Article III standing must be determined for all members of the class, including uninjured members, at the outset of class certification. The issue presented is one that has deeply divided the federal courts […]

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May 14, 2025

Massachusetts Court Grants Motion to Dismiss “Spy Pixel” Privacy Class Action for Lack of Standing
Class Action Litigation, Class Actions, Current Affairs, Litigation, Massachusetts Decisions, Privacy Class Actions, Standing, US District Court - Mass
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On January 31, 2025, in Campos v. TJX Companies, Inc., No. 24-cv-11067, the District of Massachusetts granted a motion to dismiss a class action due to the plaintiff’s lack of standing. The court concluded that the named plaintiff’s claims regarding the intrusion of her privacy by “spy pixels” could not be successful because there was […]

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March 26, 2025

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement
Class Action Litigation, Class Actions, Class Certifications, Massachusetts Decisions, Privacy Class Actions, US District Court - Mass
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On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23. The court concluded that the named plaintiff’s claims for unlawful disclosure of personally identifiable information could not be maintained on a […]

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January 08, 2025

Massachusetts Court Decertifies Class Action Against Medical School Over Deceptive Advertising Claims
Class Actions, Class Certifications, Consumer Class Actions, Massachusetts Decisions, US District Court - Mass
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The District of Massachusetts recently issued an opinion decertifying a class of medical students formerly enrolled at Saba University School of Medicine, a for-profit medical school in the Dutch Caribbean that is headquartered in Massachusetts. The reversal followed the court’s initial tentative certification under Federal Rule 23, issued from the bench immediately after oral argument. […]

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