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Articles by Kate Spelman
The Ninth Circuit Rejects Class Action Plaintiffs' Tactic To Avoid Federal Court
Before the Class Action Fairness Act of 2005 (CAFA), many corporate defendants were forced to litigate class actions in state court because the claims of putative class members could not be aggregated to meet the threshold requirement for federal diversity jurisdiction.
The Ninth Circuit Rejects Class Action Plaintiffs’ Tactic to Avoid Federal Court | JD Supra
Before the Class Action Fairness Act of 2005 (CAFA), many corporate defendants were forced to litigate class actions in state court because the claims of putative class members could not be aggregated to meet the threshold requirement for federal diversity jurisdiction.
Ninth Circuit Limits Jurisdiction Over Web-Based Platforms | JD Supra
In a recent decision, Briskin v. Shopify, Inc., 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the Ninth Circuit held that a Canadian-based company, Shopify, which provides a web-based payment processing platform to merchants nationwide, could not be subjected to personal jurisdiction in California because it did not expressly direct its actions to the state.
Ninth Circuit Limits Jurisdiction Over Web-Based Platforms
In a recent decision, Briskin v. Shopify, Inc., 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the Ninth Circuit held that a Canadian-based company, Shopify, which provides a web-based payment processing platform to merchants nationwide, could not be subjected to personal jurisdiction in California because it did not expressly direct its actions to the state.
Sanders et al v. Kia America, Inc. et al
Plaintiff: Brittney Sanders, Janelle Popken, Bonny Nasimi, Jennifer Anderson, Bayron Ortiz, Cekia Wilson, Terra Snover, Krishnaprasad Chandrasekharan, Ashley Delgado, Sapphire Jaeckel, Jolene Schrader, Jonas Domkus, Parisa Aghaei, Fe Hugo, Dannay McDaniels, Enrique Reyes, Joshua Vega, William Richard Martinez, Jose Medina, Jennifer Porter, Gilberto Velasco, Kalaysia Evans, Rachel Marquez, Katherine Burba, Janina Gather, Megan Ranger, Teresa Hernandez, Adria Antoine, Kimberly Rodriguez,...
In Divided En Banc Ruling, Ninth Circuit Holds That the Potential Presence of Uninjured Class Members Does Not Defeat Class Certification | JD Supra
In April 2021, the Ninth Circuit issued its panel opinion in Wholesale Grocery Cooperative v. Bumble Bee Foods LLC, which held that the district court erred in certifying several classes of tuna purchasers in an antitrust class action because it failed to resolve the parties’ dispute over whether the plaintiffs’ class-wide damages model “mask[ed] individualized differences” between putative class members.
Class Actions Seek to Test the Limits of the CCPA’s Private Right of Action
Commentary Companies doing business in California should expect to see these boundary-testing CCPA class actions continue until courts weigh in on this unsettled area of law. (L to R) Jenner & Block’s Kate T. Spelman, Vivian L. Bickford and Effiong K. Dampha (Photo: Courtesy Photo) The California Consumer Privacy Act (CCPA) took effect on Jan. 1.
Proposed Amendments to Prop 65 Regulations May Force Changes to E-Commerce Warnings
Expert Opinion This is the latest in the series of Consumer Law Watch columns from lawyers at Jenner & Block tracking the latest in privacy/cybersecurity, fintech, food & beverage, trade secrets, and other developments affecting consumer law in California. From left: Kate T. Spelman and Amy Egerton-Wiley of Jenner & Block.
New Draft of California Privacy Ballot Initiative Released | Lexology
As previously reported, Alastair Mactaggart, backed by Californians for Consumer Privacy, filed a new ballot initiative — now named the California Privacy Rights Act of 2020 (CPRA) — on September 25, 2019 (the Initiative). The Initiative seeks to enact numerous amendments to the California Consumer Privacy Act of 2018 (CCPA), which is set to take effect on January 1, 2020.
The Intersection of the California Consumer Privacy Act and California’s Preexisting Consumer Protection Statutes
Analysis The California Consumer Privacy Act (CCPA) contains an explicit prohibition, along with implicit safe harbors, likely to limit certain Unfair Competition Law and/or Consumer Legal Remedies Act claims related to the use or disclosure of information subject to the CCPA.
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