First Circuit – First Class Defense

Class Action Litigation Consumer Class Actions First Circuit Decisions Privacy Class Actions US District Court - Mass

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

July 18, 2024 / July 18, 2024 by Melanie Conroy | Leave a Comment

In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of constitutional standing. In privacy class actions before the federal courts of the First Circuit, plaintiffs have brought state tort and […]

Tagged

Appeals Class Action Litigation Class Actions Class Certifications Consumer Class Actions First Circuit Decisions Litigation Privacy Class Actions Standing Supreme Court

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

April 30, 2024 by Melanie Conroy

On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision Brinker was a July 2023 Eleventh Circuit decision affirming class certification and holding that class members’ exposure of their payment information to the dark web […]

Tagged

Article III standing class action class action appeals class action standing class actions class certification consumer class action consumer data privacy cybersecurity data breach data privacy data privacy class action First Circuit litigation Rule 23 Rule 23 standing Rule 23(b)(3)

Class Action Litigation Class Actions Class Certifications Legislation Litigation Massachusetts Decisions US District Court - Mass

Part 4: Making a COVID-19 Tuition Suit Last

February 13, 2024 / February 13, 2024 by Sarah Remes

We recently highlighted two Boston-based COVID-19 tuition refund class action suits, against Brandeis University and Boston College, and the impact of a provision in the Commonwealth’s Fiscal Year 2024 Budget that grants retroactive immunity from claims arising out of tuition or fees paid for the Spring 2020 term. In both cases, with orders issued just […]

Tagged

class action class actions class certification covid-19 D. Mass District of Massachusetts First Circuit litigation

Class Action Litigation Class Actions Current Affairs First Circuit Decisions Litigation Massachusetts Decisions US District Court - Mass

The Budget Saves Brandeis: An Update on COVID-19 Tuition Litigation

February 1, 2024 by Sarah Remes

In Part 2 of our series on our Massachusetts and Boston-based COVID-19 tuition refund class action suits, we reviewed the legal backdrop of this wave of class action litigation and explored some common pitfalls in education-based claims, noting that even where cases are able to proceed based on adequate framing of the claims and underlying […]

Tagged

class action class actions class certification covid-19 D. Mass District of Massachusetts First Circuit litigation tuition refund

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

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

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 […]

Tagged

ADA Article III standing class action appeals class action standing class actions consumer class action District of Maine First Circuit litigation supreme court website accessibility

Class Action Litigation First Circuit Decisions Jurisdiction Standing Supreme Court

Supreme Court Hears Oral Argument on Article III Standing of Testers to Bring ADA Website Accessibility Class Actions

October 5, 2023 / October 5, 2023 by Melanie Conroy

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 […]

Tagged

ADA Article III standing class action class action appeals class action standing class actions D. Mass District of Massachusetts First Circuit litigation Rule 23 standing supreme court website accessibility

Class Action Litigation Class Actions Privacy Class Actions Standing

New England Cybersecurity and Data Privacy Class Action Filings Soar in 2023

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 […]

Tagged

Article III standing class action class action standing class actions consumer class action consumer data privacy cybersecurity data breach data privacy class action First Circuit

Appeals Class Actions First Circuit Decisions Litigation Privacy Class Actions Standing US District Court - Mass

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

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 […]

Tagged

Article III standing class action class action appeals class action standing class actions class certification consumer class action consumer data privacy cybersecurity D. Mass data breach data breach class action data privacy data privacy class action data privacy law First Circuit litigation predominance Rule 23 standing

Class Action Litigation Class Actions Class Certifications First Circuit Decisions Litigation Massachusetts Decisions US District Court - Mass

Part 2 – Slowing the Spread of Litigation: An Update on First Circuit COVID-19 Tuition Refund Class Actions

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 […]

Tagged

class action class actions class certification covid-19 D. Mass District of Massachusetts First Circuit litigation tuition refund

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: […]

Tagged

Article III standing class action class action appeals class action standing class actions consumer class action First Circuit litigation Rule 23 standing supreme court website accessibility

Tag: First Circuit

Tag: First Circuit

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

Part 4: Making a COVID-19 Tuition Suit Last

The Budget Saves Brandeis: An Update on COVID-19 Tuition Litigation

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

Supreme Court Hears Oral Argument on Article III Standing of Testers to Bring ADA Website Accessibility Class Actions

New England Cybersecurity and Data Privacy Class Action Filings Soar in 2023

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

Part 2 – Slowing the Spread of Litigation: An Update on First Circuit COVID-19 Tuition Refund Class Actions

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