Class Action Litigation – First Class Defense

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District of Massachusetts Sees Rise in Securities Fraud Class Actions Despite Dismissal Risks

July 29, 2025 / July 29, 2025 by Melanie Conroy

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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Massachusetts Federal Court Rules Non-Signatory Can Enforce Arbitration Agreement

July 15, 2025 by Melanie Conroy

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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Massachusetts Federal Court Grants Summary Judgment to Media Company in VPPA Suit

July 7, 2025 / July 10, 2025 by Samih Eloubeidi

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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After Oral Argument, Supreme Court Dismisses Labcorp Appeal of Class Certification Based On Article III Standing and Circuit Split Persists

June 23, 2025 by Samih Eloubeidi

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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Massachusetts Court Grants Motion to Dismiss “Spy Pixel” Privacy Class Action for Lack of Standing

May 14, 2025 / May 14, 2025 by Samih Eloubeidi

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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Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

March 26, 2025 / May 14, 2025 by Samih Eloubeidi

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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In Trio of Decisions, Supreme Court Resolves Circuit Splits on Arbitration

July 31, 2024 by Melanie Conroy

Three recent Supreme Court Decisions—Coinbase v. Suski, Smith v. Spizzirri, and Bissonnette v. LePage Bakeries—based on consumer and employment disputes have resolved significant circuit splits over arbitration. These cases were all decided by a unanimous Court, with Justices Jackson, Sotomayor, and Roberts authoring the three opinions. Supreme Court Considers Arbitrability Based on Conflicting Contracts In […]

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Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

July 18, 2024 / July 18, 2024 by Melanie Conroy

In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of constitutional standing. In privacy class actions before the federal courts of the First Circuit, plaintiffs have brought state tort and […]

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Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

April 30, 2024 by Melanie Conroy

On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision Brinker was a July 2023 Eleventh Circuit decision affirming class certification and holding that class members’ exposure of their payment information to the dark web […]

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Part 4: Making a COVID-19 Tuition Suit Last

February 13, 2024 / February 13, 2024 by Sarah Remes

We recently highlighted two Boston-based COVID-19 tuition refund class action suits, against Brandeis University and Boston College, and the impact of a provision in the Commonwealth’s Fiscal Year 2024 Budget that grants retroactive immunity from claims arising out of tuition or fees paid for the Spring 2020 term. In both cases, with orders issued just […]

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Category: Class Action Litigation

Category: Class Action Litigation

District of Massachusetts Sees Rise in Securities Fraud Class Actions Despite Dismissal Risks

Massachusetts Federal Court Rules Non-Signatory Can Enforce Arbitration Agreement

Massachusetts Federal Court Grants Summary Judgment to Media Company in VPPA Suit

After Oral Argument, Supreme Court Dismisses Labcorp Appeal of Class Certification Based On Article III Standing and Circuit Split Persists

Massachusetts Court Grants Motion to Dismiss “Spy Pixel” Privacy Class Action for Lack of Standing

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

In Trio of Decisions, Supreme Court Resolves Circuit Splits on Arbitration

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

Part 4: Making a COVID-19 Tuition Suit Last