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Class Action Blog

As society becomes increasingly litigious, and as plaintiff attorneys market their services more aggressively, class action litigation is posing a rapidly growing threat to businesses in all sectors.

Class Action Blog
October 8, 2019

Ninth Circuit Declares Facebook Must Face Certified Class Alleging Violations of Illinois’s Biometric Information Privacy Act

Three Illinois Facebook users filed a putative class action against Facebook on behalf of an Illinois class alleging a violation of the Illinois Biometric Information Privacy Act (BIPA). Specifically, they alleged that Facebook violated the statute by “collecting, using and storing biometric identifiers (a ‘scan’ of ‘face geometry,’ …) from their photos without obtaining a written release and without establishing a compliant retention schedule.”

Class Action Blog
September 13, 2019

Ninth Circuit En Banc Reverses Panel and Approves The Nationwide Class Action Settlement Of MDL Cases Regarding Vehicle Fuel Economy Misrepresentations.

Most class action cases are complex. Whenever multiple class actions are joined in an MDL, the complexity is greatly increased. This blog post discusses the five consolidated appeals of an objected to nationwide class action settlement. On appeal, a divided three judge panel vacated the class certification and remanded. However, “a majority of the nonrecused active judges” voted to rehear the case en banc. That resulted in six judges joining all of the majority opinion, three judges joining the dissenting opinion, and one judge joining separate parts of the majority and dissenting opinions.

Class Action Blog
September 24, 2018

Third Circuit Affirms Class Certification Denial of Nationwide and Four-State Classes

Patricia Wright and Kevin West sued Owens Corning and Owens Corning Sales, LLC (“Owens Corning”) in Pennsylvania pursuing a nationwide class action case for allegedly selling defective roofing shingles. The summary judgment ruling in favor of the Defendants was partially reversed on appeal which led Wright and West to join with Jaime Gonzalez and others in filing similar suits in California, Illinois, Pennsylvania, and Texas. Those cases were then transferred and consolidated in Pennsylvania. The District Court denied the motion to certify the Nationwide and Four-State Class Action cases, rulings the 3rd Circuit affirmed in March of 2018. The case was before the 3rd Circuit on a Rule 23(f) appeal.