Maine Appeals
First Class Defense
November 26, 2025

District of Massachusetts Has Personal Jurisdiction Over Out-of-State Adtech Defendant in Geolocation Case
Class Action Litigation, Class Actions, Consumer Class Actions, Jurisdiction, Litigation, US District Court - Mass
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Earlier this fall, the District of Massachusetts issued another notable decision in the growing wave of privacy litigation that, as discussed, raises difficult questions concerning standing, jurisdiction, and statutory interpretation. In Lionetta v. InMarket Media, LLC, Judge Kobick denied a motion to dismiss a putative class action alleging that InMarket Media, LLC collected and sold […]

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November 12, 2025

District of Massachusetts Allows Higher-Ed Student Data Breach Claims to Survive
Class Action Litigation, Consumer Class Actions, Privacy Class Actions, Standing, US District Court - Mass
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In a recent blog post, we explained how Webb v. Injured Workers Pharmacy, LLC has become a touchstone for courts analyzing Article III standing in data breach class actions, citing Shea v. American International College as a recent example. This post explores the Shea decision in greater depth. On September 5, 2025, Judge Angel Kelley of […]

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October 22, 2025

Two Years After Webb: First Circuit Courts Find Standing in Data Breach Class Actions
Class Action Litigation, Class Actions, Consumer Class Actions, First Circuit Decisions, Litigation, Standing, US District Court - Mass
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The First Circuit’s 2023 decision in Webb v. Injured Workers Pharmacy, LLC has become a touchstone for courts analyzing Article III standing in data breach class actions. In a previous post, we discussed why Webb revived a previously dismissed data breach class action. Since Webb, the District of Massachusetts repeatedly cited the decision’s reasoning to […]

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October 02, 2025

District of Massachusetts Rejects Arbitration Clause Based on Unilateral Amendment Without Notice
Arbitration, Class Actions, Litigation, Massachusetts Decisions, US District Court - Mass
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On May 19, 2025, in Pizza Hazel, Inc. et al. v. Am. Express Co., et al., a Magistrate Judge in the District of Massachusetts recommended that the district court deny American Express’s motion to compel arbitration on the grounds that the contract allowed American Express to unilaterally amend the arbitration agreement without notice to the […]

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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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