Quarterly Update from Inside Class Actions
April 2023, Covington Report
Inside Class Actions covers major developments and trends across every facet of class action practice, including arbitration, discovery, certification, and settlement. The blog’s posts will be of interest to companies facing class action litigation, class action practitioners, and anyone else interested in this dynamic practice area.
Highlights from the last quarter include posts discussing:
1. A decision from the Illinois Supreme Court holding that claims under the state's Biometric Information Privacy Act (BIPA) accrue "with every scan or transmission" of a person’s biometric information, dramatically expanding the scope of potential liability for defendants.
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2. A first-of-its-kind order from a district court allowing a securities class action lawsuit to proceed against an issuer of non-fungible tokens ("NFTs"), on the grounds that the NFTs at issue may be securities for purposes of federal securities laws.
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3. A recent Ninth Circuit decision concluding that Rule 23's predominance requirement is not satisfied where the determination of the class remedy in practice necessitates individualized inquiry.
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4. Statements of interest in which the Department of Justice urged a district court to deny motions to compel arbitration, arguing that the Servicemembers Civil Relief Act overrides the Federal Arbitration Act's mandate to enforce arbitration agreements according to their terms.
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5. Two district court decisions that reached contradictory conclusions as to whether the representation "natural flavor with other natural flavors" on beverage products that allegedly contained synthetic malic acid could be misleading to a reasonable consumer.
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Covington's Class Action Litigation Group represents companies in class actions in nearly every major substantive area in which such suits are brought, including, among others, antitrust, consumer protection, privacy, product liability, securities, employment, and ERISA.
If you have any questions concerning the material discussed in this client alert, please contact the members of our Class Actions practice.
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