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On June 13, 2017, Judge Andrea R. Wood of the Northern District of Illinois dismissed with prejudice a putative consumer class action filed against Barnes and Noble. The case was first filed after Barnes and Noble’s September 2012 announcement that skimmers had tampered with PIN pad terminals in 63 of its stores and exposed payment card information.
Continue Reading Putative Data Breach Class Action Dismissed for the Third Time

On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.
Continue Reading Supreme Court Again Tightens Jurisdictional Requirements for Claims Against Out-of-State Defendants

Two recent decisions by the U.S. Court of Appeals for the Eleventh Circuit – one involving a rare written dissent from the denial of a petition for rehearing en banc – demonstrate the continuing difficulties courts are facing in determining what constitutes a concrete injury under Spokeo. …
Continue Reading Eleventh Circuit Decisions Demonstrate Difficulties in Analyzing Standing Following Spokeo

On May 2, 2017, the United States Court of Appeals for the Second Circuit issued a summary order affirming dismissal of a putative consumer class action against Michaels Stores, Inc. for lack of Article III standing.
Continue Reading Second Circuit Affirms Dismissal of Putative Data Breach Class Action for Lack of Article III Standing

The first blow to the recent expansive application of the New Jersey TCCWNA was struck by a federal court in California last month. In Candelario v. Rip Curl, Inc., the Central District of California granted a motion to dismiss a complaint alleging a TCCWNA violation of website terms and conditions because the plaintiff lacked Article III standing. …
Continue Reading New Law in a TCCWNA Terms and Conditions Case

The Federal Trade Commission issued an opinion and final order reversing the administrative law judge’s decision by finding that LabMD failed to maintain reasonable security practices to protect consumers’ sensitive personal information in violation of Section 5 of the FTC Act.
Continue Reading FTC Reverses ALJ Decision, Finds LabMD Liable for Unfair Data Security Practices

On July 19, 2016, the United States Court of Appeals for the Seventh Circuit held that a general liability insurer’s duty to defend suits seeking damages “because of bodily injury” was triggered when the state of West Virginia sued a pharmaceutical distributor, alleging it had contributed to an epidemic of prescription drug abuse, causing the state to spend money to care for addicted citizens. …
Continue Reading Pharmaceutical Distributor Sued – A Tough Pill for Insurers to Swallow

On June 28, 2016, the Federal Trade Commission and the DOJ announced a preliminary 14.7 billion dollar settlement with German auto-manufacturer, Volkswagen AG, for allegedly cheating diesel emissions tests for nearly 500,000 vehicles over a six year period.
Continue Reading Volkswagen Settles Record-Breaking Class-Action for Allegedly Cheating Emissions Standards