Appeals Class Action Litigation Class Actions Consumer Class Actions First Circuit Decisions Jurisdiction Litigation Standing Supreme Court US District Court - Maine

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

January 11, 2024 / January 11, 2024 by Melanie Conroy

At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to bring her ADA claims. The decision came as no surprise following the Justices’ sharp focus on mootness during […]

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Class Action Litigation First Circuit Decisions Jurisdiction Standing Supreme Court

Supreme Court Hears Oral Argument on Article III Standing of Testers to Bring ADA Website Accessibility Class Actions

October 5, 2023 / October 5, 2023 by Melanie Conroy

Earlier this week, the Supreme Court heard oral argument in Acheson Hotels, LLC v. Laufer, a case that we have summarized in prior blog posts.  Just months ago, there was doubt whether the Supreme Court would hear the case at all. While the Court granted Acheson Hotels’ petition for a writ of certiorari in March […]

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Appeals Class Actions Consumer Class Actions Employment Class Actions Fair Credit Reporting Act First Circuit Decisions Jurisdiction Litigation Standing Supreme Court US District Court - Maine

First Circuit Court of Appeals Rules Website Tester Has Standing for ‘Informational Injury’, Deepens Circuit Divide

October 27, 2022 / May 3, 2023 by Melanie Conroy

On October 5, 2022, in Laufer v. Acheson Hotels LLC, the U.S Court of Appeals for the First Circuit reversed a lower court’s dismissal of a suit against Acheson Hotels, LLC, which operates an inn on Maine’s southern coast. With this reversal, the First Circuit has addressed a matter of first impression and deepened a […]

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Class Actions Jurisdiction Massachusetts Decisions

Is It Time to Update Mass. R. Civ. P. 23?

May 6, 2022 / January 3, 2023 by Don Frederico

Over the past 25 years, I have had the good fortune of getting to know and working with both plaintiff and defendant class action lawyers from many states, and to teach class action practice in dozens of local and national CLE programs and at a great law school. I also have represented clients in class […]

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Antitrust Class Actions Class Certifications First Circuit Decisions Jurisdiction

In re Asacol Antitrust Litigation: Article III Standing in Multi-State Class Actions

November 6, 2018 / January 12, 2023 by Don Frederico

In his October 17th post, Josh Dunlap describes in detail the First Circuit’s landmark ruling in In re Asacol Antitrust Litigation concerning classes that include uninjured members. As Josh points out, although the district court had referred to ascertainability in its decision certifying the class, the First Circuit opinion reversing class certification did not, and for good reason. […]

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Consumer Class Actions Jurisdiction Massachusetts Decisions

Campbell-Ewald in Massachusetts

March 30, 2018 / January 12, 2023 by Don Frederico

On March 6th, in Silva v. Todisco Services, Inc., Judge Kenneth Salinger, sitting in the Business Litigation Session of the Massachusetts Superior Court, held that a defendant’s tendering of the maximum amount of damages a plaintiff might recover in a putative class action did not moot either the plaintiff’s individual claims or the claims of […]

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Jurisdiction

Federal District Courts Tackle Application of Bristol-Myers Squibb Co. v. Superior Court to Class Actions

February 14, 2018 / May 17, 2024 by Katherine Kayatta

In June 2017, we wrote about the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) and how it would likely affect attempts by plaintiffs to pursue multi-state or nationwide class actions.  As predicted, the case law is rapidly developing in the district courts, where, in reliance on Bristol-Myers’ […]

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Appeals Jurisdiction Supreme Court

Justice Thomas’ Concurring Opinion in Microsoft Corp. v. Baker: A Useful Reminder

July 3, 2017 / January 12, 2023 by Don Frederico

On June 12th, the Supreme Court issued its unsurprising decision in Microsoft Corp. v. Baker, addressing a relatively recent twist concerning the appealability of orders denying class certification.  The case resulted in unanimous agreement among the eight Justices who participated in it (Justice Gorsuch did not participate), but a five-three split among them as to whether the case should […]

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Jurisdiction Supreme Court

Multi-State Class Actions After the Supreme Court’s Decision in Bristol-Myers Squibb Co. v. Superior Court

June 26, 2017 / January 11, 2023 by Don Frederico

On June 19th, the Supreme Court issued a decision that could have important consequences for multi-state class actions.  In Bristol-Myers Squibb Co. v. Superior Court, the Court addressed the question whether a California state court could exercise personal jurisdiction over the claims of nonresident plaintiffs who had joined a group of California plaintiffs in suing […]

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