First Class Defense

Tag: Rule 23 standing

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 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

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

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

Appeals Class Actions Consumer Class Actions Employment Class Actions Fair Credit Reporting Act First Circuit Decisions Jurisdiction Litigation Standing Supreme Court US District Court - Maine

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 […]

Tagged

ADA Article III standing class action class action standing class actions FCRA First Circuit litigation privacy class action Rule 23 standing supreme court website accessibility

Appeals Class Actions Consumer Class Actions Privacy Class Actions Standing Supreme Court

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. […]

Tagged

Article III standing class action class action standing class actions consumer class action consumer data privacy data privacy class action data privacy law FCRA litigation Rule 23 standing supreme court

Class Representative Lead Plaintiff Securities Class Actions Standing US District Court - Mass

Yan v. ReWalk Robotics, Ltd.: No Substitute for Standing in the District of Massachusetts

May 20, 2019 / May 22, 2019 by Melanie Conroy

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 […]

Tagged

add class representative add lead plaintiff Article III standing class action class action standing class actions class representative standing class representative substitution D. Mass District of Massachusetts lead plaintiff standing lead plaintiff substitution litigation Rule 23 standing securities class action substitute class representative substitute lead plaintiff

Pierce Atwood is pleased to present this class action blog with a focus on decisions of the state and federal courts within the boundaries of the First Circuit. With decades of national class action experience and offices in every First Circuit state, our goal is to serve as a primary resource for companies that face class litigation in Massachusetts, Maine, New Hampshire and Rhode Island, as well as to provide timely information about significant class action developments, strategies and trends on a national level.

Pierce Atwood’s Class Action Defense team has also started tracking filings and decisions in state and federal courts within the boundaries of the First Circuit in New England.

View our New England and First Circuit Class Action Tracker on our firm website.