Appeals Class Action Litigation Class Actions Consumer Class Actions First Circuit Decisions Jurisdiction Litigation Standing Supreme Court US District Court - Maine
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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Arbitration Class Action Litigation Class Actions Consumer Class Actions Litigation US District Court - Rhode Island
October 19, 2023 / May 17, 2024 by Melanie Conroy
Earlier this month, in Elsie Metcalfe v. Grieco Hyundai, LLC, the Rhode Island Federal District Court invalidated a class action waiver in an agreement without an arbitration clause that was therefore not subject to the Federal Arbitration Act. In Metcalfe, Plaintiff Elsie Metcalfe leased a car from Defendant Grieco Hyundai, LLC, in May 2019. The […]
Class Action Litigation Class Actions Privacy Class Actions Standing
September 8, 2023 by Melanie Conroy
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 […]
Appeals Class Actions First Circuit Decisions Litigation Privacy Class Actions Standing US District Court - Mass
July 27, 2023 / August 21, 2025 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 […]
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 […]
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: […]
Appeals Class Actions Consumer Class Actions Privacy Class Actions Standing Supreme Court
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. […]
Arbitration Consumer Class Actions US District Court - Mass
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 […]
Arbitration Consumer Class Actions Privacy Class Actions US District Court - Mass
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 […]
Consumer Class Actions Privacy Class Actions US District Court - Mass
October 1, 2019 by Melanie Conroy
On September 24, 2019, the District of Massachusetts held in Katz v. Liberty Power Corp., LLC that the government debt collection exemption to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §§ 227 et seq., is an unconstitutional violation of the First Amendment. No. 18-cv-10506-ADB, 2019 WL 4645524 (D. Mass. Sept. 24, 2019). Following the […]