Class Action & Mass Torts

Dismissal of Landmark UK Class Action Against MasterCard Appealed; MasterCard Awarded £289,280 in Interim Costs Two major developments in Walter Hugh Merricks CBE v. MasterCard Inc. – one of the UK’s first-ever opt-out class actions – have occurred in the past several weeks.  First, the proposed class representative Merricks appealed the dismissal of his application for a collective proceedings order (“CPO”) to both the Court of Appeal and the Administrative Court of the High Court.  View Full Post
Castillo v. Western Range Ass’n, 2017 WL 1364584 (D. Nev. April 13, 2017). In dismissing a wage-and-hour class action for lack of subject matter jurisdiction, the U.S. District Court for the District of Nevada held that the CAFA’s amount-in-controversy requirement cannot be aggregated when each plaintiff’s claims are wholly unrelated to the other and when the defendants are not jointly liable. View Full Post
Product liability defendants often seek to remove cases to federal court. That’s because federal jurisdiction provides the federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules, and often more diverse jury pools. Sometimes defendants can use removal to leverage early case resolution. View Full Post
 The latest target of the plaintiff’s overly-aggressive tactics—a company’s use of recruitment ads in hiring employees.  All industries and all forms of advertising are potentially coming under attack, including social media platforms and websites dedicated to employee recruiting.  Specifically, the plaintiff’s bar has repeatedly targeted certain advertisements on social media sites that encourage individuals to apply for jobs at their company, using information obtained from user profiles. View Full Post
Nearly one year after it was first warned its privacy practices were inadequate under European law, popular messaging platform WhatsApp has been cited with privacy deficiencies for a second time. The Article 29 Data Protection Working Party (WP29), which is made up of data regulators from EU Member States and the Commission, sent a letter to the messaging app’s CEO on October 24, 2017 alleging that the company’s consent mechanism for sharing personal data of EU users remains “seriously deficient” and announcing the formation of a taskforce to implement a resolution. View Full Post