Appeals Class Action Litigation Class Actions Class Certifications Consumer Class Actions First Circuit Decisions Litigation Privacy Class Actions Standing Supreme Court

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 […]

Read more »

Class Action Litigation Class Actions Class Certifications Legislation Litigation Massachusetts Decisions US District Court - Mass

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 […]

Read more »

Class Action Litigation Class Actions Class Certifications First Circuit Decisions Litigation Massachusetts Decisions US District Court - Mass

Part 2 – Slowing the Spread of Litigation: An Update on First Circuit COVID-19 Tuition Refund Class Actions

May 23, 2023 by Sarah Remes

Part 2: The Legal Backdrop In Part 1 of this series, we provided a brief overview and introduction of the Boston-based COVID-19 tuition refund class action cases, noting generally that most similar suits haven’t made it very far, as courts tend to rule early and often for the educational institution. Below is a brief discussion […]

Read more »

Appeals Class Action Settlements Class Actions Class Certifications Class Representative Employment Class Actions First Circuit Decisions Lead Plaintiff Litigation US District Court - Maine

District of Maine Applies the First Circuit’s Murray Decision to Approve Class Action Settlement

April 27, 2023 by Melanie Conroy

In early 2023, the District of Maine was the first district court to apply and interpret a recent and notable First Circuit ruling that should be top-of-mind for class action attorneys and litigants seeking approval of settlements for cases brought on behalf of multiple plaintiff classes and including class representative incentive awards. That notable First […]

Read more »

Antitrust Class Actions Class Certifications Consumer Class Actions First Circuit Decisions US District Court - Mass US District Court - Rhode Island

After-Effects of In re Asacol: Recent District Court Decisions on Certification and Uninjured Class Members

November 18, 2019 by Josh Dunlap

About a year ago, I observed that the First Circuit in In re Asacol Antitrust Litigation had constrained plaintiffs’ ability to rely on affidavits to prove injury-in-fact.  In so doing, the First Circuit substantially curtailed its prior decision in In re Nexium Antitrust Litigation, which certified a class containing uninjured consumers because class members would […]

Read more »

Class Certifications Class Representative Consumer Class Actions US District Court - Mass

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

August 20, 2019 by Melanie Conroy

Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on claims arising from the marketing of a medical device intended to reduce body fat. The decision provides a searching and instructive analysis of the […]

Read more »

Class Certifications Consumer Class Actions Fair Credit Reporting Act Privacy Class Actions US District Court - Mass

The District of Massachusetts Declines to Strike FCRA Class Claims in McIntyre v. RentGrow, Inc.

August 6, 2019 / April 29, 2021 by Melanie Conroy

In McIntyre v. RentGrow, Inc., No. 18-cv-12141-ADB, the District of Massachusetts recently denied a defendant’s motion to dismiss or to strike class claims in a putative Fair Credit Reporting Act (“FCRA”) action. The plaintiff’s complaint asserted FCRA claims on behalf of a nationwide class of tenants allegedly harmed by the defendant’s tenant screening reports that […]

Read more »

Antitrust Class Actions Appeals Arbitration Class Action Fairness Act Class Arbitration Class Certifications Consumer Class Actions Privacy Class Actions Securities Class Actions Supreme Court

Class Action Update from the U.S. Supreme Court’s 2018-2019 Term

June 20, 2019 / June 20, 2019 by Melanie Conroy

The 2018-2019 term of the U.S. Supreme Court opened with a newly configured court in which Justice Kavanaugh joined as an Associate Justice following the retirement of Justice Kennedy. Since October of last year, the Court has heard 69 argued appeals, several of which arose from class action litigation. Over the past nine months, the […]

Read more »

Class Certifications Employment Class Actions Massachusetts Decisions

Massachusetts SJC: Rule 23 Governs Wage Act Claims, Rejected Offers of Judgment Do Not Moot Claims, and More

April 15, 2019 / January 12, 2023 by Don Frederico

Every now and then a case comes along that rewards us class action nerds with an embarrassment of riches. Gammella v. P.F. Chang’s China Bistro, Inc., decided last week by the Massachusetts Supreme Judicial Court, is one such case. In it, the Court addressed a number of important class certification issues, some unique to Massachusetts […]

Read more »

Class Certifications First Circuit Decisions

In re Celexa and Lexapro – The First Circuit Weighs in on China Agritech and American Pipe Tolling

February 19, 2019 / February 19, 2019 by Josh Dunlap

The Supreme Court meant what it said in China Agritech, Inc. v. Resh – that is the primary lesson from the First Circuit’s January 30th decision in In re Celexa and Lexapro Marketing and Sales Practices Litigation.  As my partner, Don Frederico, explained in a blog post last year, the Supreme Court observed in China […]

Read more »