Maine Appeals
First Class Defense
August 20, 2019

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment
Class Certifications, Class Representative, Consumer Class Actions, US District Court - Mass
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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 […]

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August 06, 2019

The District of Massachusetts Declines to Strike FCRA Class Claims in McIntyre v. RentGrow, Inc.
Class Certifications, Consumer Class Actions, Fair Credit Reporting Act, Privacy Class Actions, US District Court - Mass
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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 […]

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June 23, 2019

Class Action Settlements and the Importance of Clarity
Class Action Settlements
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Most class actions resemble three-act plays. In the first act, the players are adversaries – fighting to kill the case or keep it alive, and if kept alive, to keep it limited to a solitary dispute or allow it to burgeon into the combined claim of large numbers of absent parties. If the case survives […]

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June 20, 2019

Class Action Update from the U.S. Supreme Court’s 2018-2019 Term
Antitrust Class Actions, Appeals, Arbitration, Class Action Fairness Act, Class Arbitration, Class Certifications, Consumer Class Actions, Privacy Class Actions, Securities Class Actions, Supreme Court
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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 […]

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May 29, 2019

With Massachusetts’ Consumer Data Privacy Bill Still Under Consideration, Student Data Privacy Class Action Fails In Federal Court
Consumer Class Actions, Legislation, Privacy Class Actions, US District Court - Mass
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As we have recently reported, the Massachusetts legislature is currently considering a comprehensive data privacy law that would create a private right of action for consumers who allege a violation of any provision of the proposed law. Last week, a Massachusetts federal court dismissed a data privacy class action, concluding that the plaintiffs failed to […]

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May 20, 2019

Yan v. ReWalk Robotics, Ltd.: No Substitute for Standing in the District of Massachusetts
Class Representative, Lead Plaintiff, Securities Class Actions, Standing, US District Court - Mass
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On May 16, 2019, the District of Massachusetts denied a lead plaintiff’s motion to amend a complaint that sought to overcome standing deficiencies of the original class representative by adding a new named plaintiff. The Court dismissed the putative class action without prejudice, holding that if a class action has only one representative, and that […]

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April 24, 2019

Lamps Plus, Inc. v. Varela: Class Arbitration Must Be Expressly Authorized
Class Arbitration, Supreme Court
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Class arbitration came back before the Supreme Court this term in Lamps Plus, Inc. v. Varela.  Today, the Supreme Court issued a 5-4 decision in Lamps Plus, holding that, under the Federal Arbitration Act, “courts may not infer from an ambiguous agreement that parties have consented to arbitrate on a classwide basis.”  Rather, class arbitration […]

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April 15, 2019

Massachusetts SJC: Rule 23 Governs Wage Act Claims, Rejected Offers of Judgment Do Not Moot Claims, and More
Class Certifications, Employment Class Actions, Massachusetts Decisions
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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 […]

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April 11, 2019

A Class Settlement Checklist
Class Action Settlements
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Having heard good things about it for years, last month I finally got around to reading Dr. Atul Gawande’s book, The Checklist Manifesto, and have begun to give some thought regarding its application to class action practice. Proposed class action settlements are currently occupying much of my time, and my usual practice when drafting the […]

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March 20, 2019

Questions Regarding Cy Pres Settlements Remain after Frank v. Gaos
Class Action Settlements, Supreme Court
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Today, in a case that was being watched closely for its potential ramifications for class settlements, the Supreme Court opted not to address the merits of the cy pres issues that were presented to it.  Frank v. Gaos involved a settlement that would have distributed millions of dollars to cy pres recipients and class counsel, […]

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