Inside Class Actions Quarterly Update
January 31, 2024, Covington Report
Inside Class Actions covers significant 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 interested in this dynamic practice area.
This quarter featured posts discussing an important decision from the Ninth Circuit about personal jurisdiction for certain types of website service providers, an opinion from the Second Circuit with implications for companies implementing arbitration agreements, and more. These posts, and other highlights from the quarter, include:
1. A Ninth Circuit opinion setting forth the test for determining personal jurisdiction for online payment processors and similar service providers, and concluding such a service did not “expressly aim” its activity at California.
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2. A Second Circuit decision finding a bank’s arbitration provision unenforceable over a decade after it was first implemented and identifying pitfalls to avoid when implementing such provisions.
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3. A Ninth Circuit opinion vacating – for the second time – a class action settlement, concluding the named plaintiff was not an adequate class representative because she had an arbitration-related conflict of interest with the class and failed vigorously to litigate the case.
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4. An Eleventh Circuit opinion holding that statutory damages are available under the Fair Credit Reporting Act even without proof of actual damages.
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5. A decision denying class certification in an antitrust case based on the court’s rigorous scrutiny of the dueling economic experts’ opinions.
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6. A decision dismissing various privacy and wiretapping claims against two online retailers, finding that allegations of interception and disclosure of mere “browsing activity” on those retailers’ websites are not “sufficiently personal or private” to confer Article III standing.
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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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