class action – Page 2 – First Class Defense

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

Supreme Court Agrees to Hear Appeal from First Circuit of Website Accessibility Tester Case

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: […]

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

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 […]

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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 […]

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District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

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 […]

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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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Massachusetts Supreme Judicial Court Reverses Denial of Motion to Compel Arbitration, Holds Grubhub Drivers Must Arbitrate Employment Claims

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 […]

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Supreme Court Addresses Concrete Harm, Limits Standing in FCRA Class Action

June 28, 2021 by Melanie Conroy

On June 25, 2021, the Supreme Court issued its much-anticipated 5-4 ruling in TransUnion LLC v. Ramirez. In a 27-page decision by Justice Kavanaugh, the Court reversed the Ninth Circuit’s decision upholding the certification of a class of 8,185 consumers whom the credit reporting agency TransUnion had mistakenly labeled as potential terrorists and drug traffickers. […]

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First Circuit Holds That College Does Not Owe Fiduciary Duties to Students, Rejects Data Privacy Class Action Claims

April 3, 2020 by Melanie Conroy

On March 25, 2020, the First Circuit Court of Appeals in Squeri v. Mount Ida College upheld the lower court’s dismissal of prospective and former Mount Ida College students’ claims against the college and its Board of Trustees arising from the college’s abrupt closure and sale of its campus to UMass Amherst in May 2018. […]

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Arbitration Consumer Class Actions US District Court - Mass

District Of Massachusetts Holds That Consumers With No Arbitration Agreement Must Arbitrate Their “Closely Intertwined” Class Action Claims

December 11, 2019 / January 3, 2020 by Melanie Conroy

It is a legal maxim that arbitration is a creature of contract. A recent District of Massachusetts decision explores critical questions about when that creature can exist outside of the confines of a binding agreement to arbitrate among the parties. The November 27, 2019 decision by Senior U.S. District Judge George A. O’Toole ordered that […]

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The District of Massachusetts Orders that Comcast Subscribers Must Individually Arbitrate Privacy Class Action Claims

November 15, 2019 / November 18, 2019 by Melanie Conroy

On November 4, 2019, in Wainblat v. Comcast Cable Communications, LLC, et. al., No. 19-cv-10976, the District of Massachusetts ordered that a consumer privacy class action against Comcast must be arbitrated on an individual basis because the claims are subject to a valid and enforceable arbitration provision. Against a backdrop of rapidly expanding consumer class […]

Tag: class action

Tag: class action

Supreme Court Agrees to Hear Appeal from First Circuit of Website Accessibility Tester Case

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

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

District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

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

Massachusetts Supreme Judicial Court Reverses Denial of Motion to Compel Arbitration, Holds Grubhub Drivers Must Arbitrate Employment Claims

Supreme Court Addresses Concrete Harm, Limits Standing in FCRA Class Action

First Circuit Holds That College Does Not Owe Fiduciary Duties to Students, Rejects Data Privacy Class Action Claims

District Of Massachusetts Holds That Consumers With No Arbitration Agreement Must Arbitrate Their “Closely Intertwined” Class Action Claims

The District of Massachusetts Orders that Comcast Subscribers Must Individually Arbitrate Privacy Class Action Claims