This week’s grant of certiorari in Gomez presents the possibility for major changes in the defense of class actions involving relatively small individual damages.
A federal appellate court will consider early next month whether the Video Privacy Protection Act (VPPA) makes an “Android ID” – a device identifier used in Google’s smartphones –personally identifiable information (PII).
On April 8, 2015, Justice Johanne April dismissed a Motion for authorization of a class action in neighborhood disturbances concerning the construction of a wind farm near Quebec City (Parcs éoliens de la Seigneurie de Beaupré).
On May 18, 2015, the United States Supreme Court granted a petition for a writ of certiorari to address (1) whether a case becomes moot when the plaintiff receives an offer of complete relief on his claim and (2) whether the answer to the first question is any different when the plaintiff has asserted a class claim under Federal Rule of Civil Procedure 23, but receives an offer of complete relief before any class is certified.
The Ninth Circuit’s recent decision in Allen v. The Boeing Company may pave the way for removal of more mass tort claims to federal court.
Does an offer of complete relief moot out a plaintiff’s claims such that there can be no case under the federal court’s judicial power under the Constitution?
In December, we wrote about the recent Supreme Court decision in Owens v. Dart Cherokee Basin Operating Co.
In Byrd v. Aaron’s Inc., the United States Court of Appeals for the Third Circuit added to, and clarified, its “quartet” of ascertainability cases to resolve the “apparent confusion in the invocation and application of ascertainability in this Circuit.”
Supreme Court to Decide if a TCPA Class Action Can Be Mooted by a Pre-certification Offer of Judgment
Yesterday, the United States Supreme Court accepted certiorari to review the Ninth Circuit’s decision in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), which involved a TCPA class action brought by the recipient of a text message that a contractor, defendant Campbell-Eward, sent on behalf of the U.S. Navy in May 2006.