Maine Appeals
First Class Defense
October 05, 2023

Supreme Court Hears Oral Argument on Article III Standing of Testers to Bring ADA Website Accessibility Class Actions
Class Action Litigation, First Circuit Decisions, Jurisdiction, Standing, Supreme Court
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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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September 15, 2023

Sixth Circuit Rejects Traditional Certification Process in FLSA Collective Actions, Deepening Circuit Court Divide
Fair Labor Standards Act
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In Clark v. A&L Homecare & Training Ctr., LLC, 68 F.4th 1003 (6th Cir. 2023), the Sixth Circuit Court of Appeals recently created a new standard for its district courts to employ when determining whether to authorize notice in Fair Labor Standards Act (FLSA) cases, or what other Circuits typically refer to as the “conditional […]

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September 08, 2023

New England Cybersecurity and Data Privacy Class Action Filings Soar in 2023
Class Action Litigation, Class Actions, Privacy Class Actions, Standing
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Earlier in 2023, we launched our New England and First Circuit Class Action Tracker, as a tool to analyze class action litigation trends in Massachusetts, Maine, New Hampshire, and Rhode Island. In July, we updated our tracker to include data through the second quarter of 2023. A review of new filings submitted during that latest […]

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August 14, 2023

SJC Amends Notice Requirements Under Mass. R. Civ. P. 23
Class Action Litigation, Class Actions, Litigation
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Earlier this year, the SJC approved several amendments to the Massachusetts Rules of Civil Procedure, which are to take effect on September 1, 2023.  One such amendment applies to Mass. R. Civ. P. 23, and specifically to the section concerning notice to the Massachusetts IOLTA Committee prior to the disposition of residual or “cy pres” […]

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July 27, 2023

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC
Appeals, Class Actions, First Circuit Decisions, Litigation, Privacy Class Actions, Standing, US District Court - Mass
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Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the defendants’ alleged actions that “deprived [plaintiffs] of their right to receive information in the format required by statute” was not sufficient […]

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June 29, 2023

Staying Put: Supreme Court Holds that District Courts Must Stay Proceedings Pending Arbitration Appeals
Appeals, Arbitration, Class Action Litigation, Class Actions, Class Arbitration, Litigation, Supreme Court
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On June 23, 2023, in Coinbase, Inc. v. Bielski, the Supreme Court resolved a deeply divided circuit court split and ruled that a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing. Justice Kavanaugh delivered the opinion of the Court, with Justices Roberts, Alito, Gorsuch, and Barrett […]

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May 23, 2023

Part 2 – Slowing the Spread of Litigation: An Update on First Circuit COVID-19 Tuition Refund Class Actions
Class Action Litigation, Class Actions, Class Certifications, First Circuit Decisions, Litigation, Massachusetts Decisions, US District Court - Mass
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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 […]

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May 18, 2023

Supreme Court Agrees to Hear Appeal from First Circuit of Website Accessibility Tester Case
Appeals, Class Action Litigation, Class Actions, Consumer Class Actions, First Circuit Decisions, Litigation, Standing, Supreme Court, US District Court - Maine
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On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier First Circuit decision analyzed in a prior post,  Acheson Hotels asks the Supreme Court to resolve the following question: […]

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April 28, 2023

Slowing the Spread of Litigation: An Update on First Circuit COVID-19 Tuition Refund Class Actions
Class Action Litigation, Class Actions, First Circuit Decisions, Litigation, Massachusetts Decisions, US District Court - Mass
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Part 1: Introduction and Overview Earlier this month, Boston University prevailed in one of the few surviving Boston-based COVID-19 tuition refund class action suits. The U.S. District Court in Boston granted BU’s Motion for Summary Judgment finding that BU “did not make an open-ended promise to provide an ‘on-campus experience’ in exchange for a ‘semester […]

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April 27, 2023

District of Maine Applies the First Circuit’s Murray Decision to Approve Class Action Settlement
Appeals, Class Action Settlements, Class Actions, Class Certifications, Class Representative, Employment Class Actions, First Circuit Decisions, Lead Plaintiff, Litigation, US District Court - Maine
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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 […]

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