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Articles by Amy Brown Doolittle
Supreme Court to Decide Whether Federal Courts May Certify a Class with Uninjured Class Members
On January 24, 2025, the Supreme Court granted certiorari in Lab. Corp. of Am. Holdings v. Davis, Case No. 24-304, on the question of “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.” In TransUnion LLC v.
Relying on CAFA’s Discretionary “Home-State” Exception, Federal Court Punts Data Breach Class Action Back to State Court
On March 22, the Western District of Washington granted a motion to remand cases removed from state court in In re Fred Hutchinson Data Security Litigation, 2:23-cv-01893-JHC, 2024 WL 1240681 (W.D. Wash. March 22, 2024). In doing so, it highlighted for litigators and companies alike a lesson in the importance of understanding how courts determine citizenship when determining diversity jurisdiction under the Class Action Fairness Act (“CAFA”).
Relying on CAFA's Discretionary "Home-State" Exception, Federal Court Punts Data Breach Class Action Back to State Court
On March 22, the Western District of Washington granted a motion to remand cases removed from state court in In re Fred Hutchinson Data Security Litigation, 2:23-cv-01893-JHC, 2024 WL 1240681 (W.D. Wash. March 22, 2024). In doing so, it highlighted for litigators and companies alike a lesson in the importance of understanding how courts determine citizenship when determining diversity jurisdiction under the Class Action Fairness Act (“CAFA”).
District Court Quickly Reinstates Class Certification In Marriott Data Breach Litigation
Earlier this fall, the Fourth Circuit vacated the district court's class certification order in the Marriott data breach MDL because of the potential applicability of a class action waiver defense. See In re Marriott Int'l Consumer Data Security Breach Litig., 78 F.4th 677 (4th Cir. 2023). Our post on this decision can be found here.
District Court Quickly Reinstates Class Certification in Marriott Data Breach Litigation
Earlier this fall, the Fourth Circuit vacated the district court’s class certification order in the Marriott data breach MDL because of the potential applicability of a class action waiver defense. See In re Marriott Int’l Consumer Data Security Breach Litig., 78 F.4th 677 (4th Cir. 2023). Our post on this decision can be found here.
Recent Marriott Data Breach Class Action Decision Underscores The Importance Of Class Action Waivers
Data breaches are an all-too-familiar issue, affecting businesses of all sizes and across all industries. Beyond dealing with the operational and reputational impacts and other resulting fallouts of a data breach, businesses also face enhanced class action litigation risk. A recent high-profile case serves as a valuable reminder that companies should consider reliance upon a well-established mechanism of mitigating class action litigation risk.
Class Action Waivers to Mitigate Data Breach Litigation Risks
Data breaches are an all-too-familiar issue, affecting businesses of all sizes and across all industries. Beyond dealing with the operational and reputational impacts and other resulting fallouts of a data breach, businesses also face enhanced class action litigation risk. A recent high-profile case serves as a valuable reminder that companies should consider reliance upon a well-established mechanism of mitigating class action litigation risk.
Avoiding Litigation and Navigating Regulatory Challenges Amid Growing Privacy, Cybersecurity and Artificial Intelligence Scrutiny
Developing a compliant privacy and cybersecurity program is a challenging undertaking that requires balancing profitability with current enforcement and litigation risk. Join us live in our Washington DC office to hear from in-house leaders, a former FBI agent, an incident response forensic expert, world-class public policy experts, and our privacy and cybersecurity professionals who help companies balance these risks on a regular basis.
The Unknown Future Of Class Representative Awards
It remains unclear whether the Eleventh Circuit's minority position will gain momentum or whether the Supreme Court ultimately will weigh in on the issue. For now, it is important that parties settling class actions in the Eleventh Circuit are aware they cannot provide incentive awards as part of the settlement, and those outside of the Eleventh should draft their settlement agreements to withstand possible objections to such awards.
The Unknown Future of Class Representative Awards Original
Almost three years ago, the U.S. Court of Appeals for the Eleventh Circuit rocked the class action world with its decision in Johnson v. NPAS Solutions, LLC, finding that class representative awards are barred under 140-year-old Supreme Court precedent. To the surprise of many, the Eleventh Circuit denied the petition for rehearing en banc in 2022, and in April the United States Supreme Court denied certiorari, despite a developing circuit split.
No Injury = No Article III Standing in Data Breach Class Action
As we have discussed here at CPW, one of the biggest challenges facing a plaintiff in a data breach class action is to establish an injury from the alleged data breach. Earlier this week, in David De Midicis v. Ally Bank & Ally Fin., Inc., 2022 U.S. Dist. LEXIS 137337 (S.D.N.Y. Aug. 2, 2022), the Southern District of New York dismissed the case for lack of Article III standing because plaintiffs had failed to allege an injury in fact from the data breach.
Another Court Finds No ATDS If Dialing from a Curated List
December 21, 2021 New Prescription Drug and Health Care Spending Reporting Requirements... by: Hannah R. Demsien and Marian E. Dodson U.S. Government Begins Denying Afghan Applications for Humanitarian... by: Raymond G. Lahoud Uyghur Forced Labor Prevention Act Set to Become Law by: Megan L. Morgan and Lauren A. Hopkins Department of Labor Rescinds Prior Regulation that Dramatically... by: John F. Quill Court Rejects Netflix’s Challenge to Poaching Injunction by: Anthony J Oncidi and Philippe A.
2021 Year in Review: Financial Privacy Litigation and Developments Post-Ramirez
Tuesday, December 21, 2021 2021 has been a monumental year in many ways, and consumer financial privacy litigation and enforcement was no exception. In the executive branch, the Biden Administration focused on strengthening individual privacy protections and limiting the disclosure of sensitive data. Meanwhile, the Supreme Court’s decision in TransUnion LLC v. Ramirez continues to have a long-lasting impact in the privacy class action sphere.
Pleading a Data Incident Without More Is Not Sufficient to Survive a Motion to Dismiss
September 30, 2021 Section 232 Investigation Launched On U.S. Imports Of Rare Earth... by: Linda M. Weinberg and Clinton K. Yu Ninth Circuit Limits “Public Injunctive Relief” Exception to... by: Kristin L. Bryan October Brings Changes to D.C. Universal Paid Leave Law and D.C.... by: Alyson J. Guyan and Teresa Burke Wright NLRB General Counsel Sends Strong Message That Many Scholarship... by: John R. Merinar, Jr. More Regulatory Clarity on the Horizon for FinTech by: Chelsea Staskiewicz and A.J. S.
Telecom Alert: DC Circuit Remands RF Rules; 911 Reliability Certification System; AT&T Set Back in FCC Joint Use Ruling; VoIP Provider Violates Access Rules; Section 253 Petitions; 911 Disability Alerting System Bill [Vol. XVIII, Issue 34]
Monday, August 23, 2021 DC Circuit Remands RF Emissions Rules Earlier this month, the U.S. Court of Appeals for the DC Circuit remanded to the FCC the agency’s decision not to open a proceeding to amend its current radio frequency (“RF”) emissions exposure rules (Vol. XVI, Issue 49). In 2013, the Commission issued a Notice of Inquiry (“NOI”) to gather information about the effectiveness of the agency’s existing RF safety rules, which had remained largely unchanged since 1996.
Ninth Circuit Weighs In On When To Challenge Personal Jurisdiction Over Claims of Absent Class Members
August 10, 2021 Data Localization and Data Transfer Restrictions by: Elizabeth (Liz) Harding and Lisa J. Acevedo USCIS Conducts Second H-1B Cap Lottery - August 2021 by: Lindsey H. Steinberg Past, Present and Future: What’s Happening With Illinois’ and Other... by: Dmitry Shifrin and Mary Buckley Tobin TCPAWorld University: Let’s Chat About Ascertainability Real Quick by: Eric J. Troutman Fertility Clinic That Sent Sensitive Email to a Patient’s Work Group... by: Jean E.
Facebook Watch 2021: No Ruling Today
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Tell it to the Arbitrator: Unconscionability Challenge to Arbitration Agreement for Arbitrator to Decide
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Court Dismisses Repeat Player’s 17-Count Complaint for Failure to State a Claim
January 08, 2021 Global Solutions: The One in the New Year—A 2020 Recap [PODCAST] by: Ethan G. Isaac and Bonnie Puckett Division of Examinations Issues Risk Alert on Securities Investment... by: Peter D. Fetzer and Stuart E. Fross Contract Pharmacies and the 340B Drug Discount Program: New... by: Kenneth Yood and Erica J. Kraus Beltway Buzz, January 8, 2021 by: James J. Plunkett EPA Seeks Participants for Small Business Review Panels on... by: Lynn L. Bergeson and Carla N.
HelloFresh Arbitration Clause Addition After-the-Fact Unenforcable
Thursday, May 21, 2020 Earlier this week, in Murray v. Grocery Delivery E-Services United States, CIVIL ACTION NO. 19-12608-WGY, 2020 U.S. Dist. LEXIS 87805 (D. Mass. May 19, 2020), a district court in Massachusetts issued a decision memorializing its earlier denial of a motion to compel arbitration. The court found that the unilateral, after-the-fact modification by defendant Grocery Delivery EServices USA Inc.
Seventh Circuit Joins Other Circuits In Finding FCRA Does NOT Require CRAs to Resolve Legal Defenses to Debt
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
[FCRA] A Bridge Too Far: Ninth Circuit Rejects Former Employee’s “Novel” Interpretation of the FCRA
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
The Importance of Reasonable Procedures: After Finding Article III Standing, Court Dismisses FCRA Claim
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Pennsylvania TCPA Class Action Results in a Mixed Bag on Personal Jurisdiction Issues
Tuesday, April 14, 2020 Last week, in Ford v. Ushealth Grp., Inc., 3:19-cv-01091, 2020 U.S. Dist. LEXIS 63040 (M.D. Pa. Apr. 10, 2020), a Pennsylvania district court issued a mixed ruling in a TCPA class action regarding personal jurisdiction. The court found personal jurisdiction over the claims of a Pennsylvania named plaintiff but not a Texas plaintiff and punted on the issue of whether it had personal jurisdiction over the claims of putative class members.
No Arbitration in Card v. Wells Fargo
Wednesday, March 18, 2020 Earlier this week, in Card v. Wells Fargo, 2020 U.S. Dist. LEXIS 45117 (D. Or. March 16, 2020), relying on Section 4 of the Federal Arbitration Act, the court deferred ruling on Defendant’s motion to compel arbitration, finding that an evidentiary hearing or jury trial is required to determine whether a valid arbitration agreement exists. Defendant Wells Fargo contended that Plaintiff agreed to an arbitration agreement when he applied for a credit card online in 2010.
Taking the Procedural Way Out: DC Circuit Dodges Substantive Question of Whether Bristol-Myers Squibb Applies to Rule 23 Class Actions
March 10, 2020 HHS Finalizes Joint Rules on Electronic Health Record... by: Anna Gurevich Taking the Procedural Way Out: DC Circuit Dodges Substantive Question... by: Amy Brown Doolittle LIBOR to SOFR – Five Things Every Financial Services Provider Should... by: B. Taber Cathcart and Patrick T. Strubbe Grassley: “Targeted Tax Relief” Being Considered to Counter Economic... by: Mary Burke Baker and Karishma Shah Page SEC Requests Industry Comments on Fund Names by: Veena K.
Plaintiff’s Individual TCPA Claim May Proceed But Class TCPA Claims Are Dismissed
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Past Conduct Subject to Arbitration: TCPA Claim Compelled to Arbitration Even Where Calls Pre-Dated Arbitration Clause
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
That’s A Wrap: Court Grants Final Approval to Text Message TCPA Class Action Settlement
July 01, 2019 That’s A Wrap: Court Grants Final Approval to Text Message TCPA Class... by: Amy Brown Doolittle Supreme Court To Consider Abrogation Of Sovereign Immunity Under... by: Paul Devinsky New California Court Decisions Showcase Robust CDA Immunity by: Jeffrey D Neuburger and Daryn A Grossman FDA Adds 20 New Substances to its Inventory of Effective FCS...
No Unilateral Revocation of Bargained-For Consent
Friday, May 31, 2019 Can a party who contractually consents to receive autodialed calls from another party to his cellular telephone number change his mind and revoke such consent? No, said a Florida magistrate judge earlier this week in a report and recommendation in the case ofLucoff v. Navient Solutions, LLC,2019 U.S. Dist. LEXIS 89879 (S.D. Fla. May 28, 2019).
Petitioners Seek Reconsideration of Aspects of FCC Order Establishing Reassigned Numbers Database: What Does This Mean for the Substance and Timing of the Database?
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
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