Class Action Litigation Class Actions Litigation
August 14, 2023 by Nicholas Anastasi
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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Appeals Class Actions First Circuit Decisions Litigation Privacy Class Actions Standing US District Court - Mass
July 27, 2023 by Melanie Conroy
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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Appeals Arbitration Class Action Litigation Class Actions Class Arbitration Litigation Supreme Court
June 29, 2023 by Melanie Conroy
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 […]
Class Action Litigation Class Actions Class Certifications First Circuit Decisions Litigation Massachusetts Decisions US District Court - Mass
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 […]
Appeals Class Action Litigation Class Actions Consumer Class Actions First Circuit Decisions Litigation Standing Supreme Court US District Court - Maine
May 18, 2023 / May 18, 2023 by Melanie Conroy
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: […]
Class Action Litigation Class Actions First Circuit Decisions Litigation Massachusetts Decisions US District Court - Mass
April 28, 2023 / May 1, 2023 by Sarah Remes
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 […]
Appeals Class Action Settlements Class Actions Class Certifications Class Representative Employment Class Actions First Circuit Decisions Lead Plaintiff Litigation US District Court - Maine
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 […]
Class Actions Consumer Class Actions First Circuit Decisions Litigation Privacy Class Actions Standing US District Court - Mass
November 16, 2022 by Melanie Conroy
On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been exposed in a data breach affecting more than 75,000 customers. In its analysis, the court determined that the named plaintiffs and putative […]
Class Actions Class Arbitration Employment Class Actions Massachusetts Decisions
August 9, 2022 by Melanie Conroy
On July 27, 2022, in Archer v. Grubhub, the Massachusetts Supreme Judicial Court considered whether Grubhub delivery drivers within the Commonwealth are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA). FAA Section 1 exempts “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The SJC […]
Class Actions Jurisdiction Massachusetts Decisions
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 […]