Supreme Court should affirm federal efforts to stop class action abuse

Readers of this blog are likely no stranger to class action lawsuit abuse.  Egregious examples abound. Congress responded to that abuse in 2005 by enacting the Class Action Fairness Act, or CAFA.  That law allows parties to remove class action … Continue reading

Supreme Court returns zero results in Google case

The use of statistical sampling to generate common issues for resolution via class action presents serious due process questions. Someday, the Supreme Court will need to resolve those questions because constitutional protection of due process cannot be reconciled with statistical … Continue reading

Spokeo v. Robins: What lies ahead?

Yesterday’s Daily Journal published my take on Monday’s Supreme Court decision in Spokeo, Inc. v. Robins, which held that the constitutional requirement that federal courts hear only real “cases or controversies” demands that plaintiffs show some sort of “concrete” injury.  … Continue reading

Yet another pro-class action decision in the Ninth Circuit

Three years ago, Richard Chen and Florencio Pacleb sued Allstate Insurance Company for alleged violations of the Telephone Consumer Protection Act. They purported to represent a class of people who received unwanted Allstate robocalls and sought the statutory remedy of … Continue reading

Supreme Court grants important “standing” case

Thomas Robins, an unemployed man, sued Spokeo Inc., which runs a website that collects and publishes consumer “credit estimates,” for willful violations of the Fair Credit Reporting Act (FCRA), because it published false information, such as Robins was married, had … Continue reading

Plaintiffs in federal court must show an actual injury before suing

Spokeo Inc., runs a website that collects and publishes consumer “credit estimates.”  Thomas Robins, an unemployed man, sued Spokeo for willful violations of the Fair Credit Reporting Act (FCRA), alleging that Spokeo published false information, such as Robins was married, … Continue reading

Clang! Round two in the moldy washer cases

Last year, the Sixth and Seventh Circuit Courts of Appeals both certified massive classes of consumers in a lawsuit claiming that washing machines sold by Sears and Whirlpool were defectively designed such that some of them developed a “biofilm” that … Continue reading