James Morrison

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Courts Remain Skeptical of Certifying Data Privacy Class Actions

By James Morrison and Curt Roy Hineline on January 7, 2019 Posted in Privacy Class Actions

In this era where there appears to be a new data security incident announced each month, there is surprisingly little class certification jurisprudence for data security class actions. Indeed, to date we know of only four decisions that have addressed class certification of data privacy actions, excluding settlement certification: Dolmage v. Combined Ins. Co. of … Continue Reading

Proposed Rule 23 Amendment for Class Action Settlement: Sea Change or Codification of the Status Quo?

By James Morrison on May 11, 2018 Posted in Rule 23 Requirements

Proposed amendments to the class action settlement process in Federal Rule of Civil Procedure 23(e) are scheduled to take effect on Dec. 1, 2018. One of the proposed amendments requires that “[t]he parties must provide the court with information sufficient to enable it to determine whether to give notice of the proposal to the class.” … Continue Reading

The Unwelcome Guest at the Class Settlement Table: Serial Objectors

By James Morrison on March 3, 2017 Posted in Class Action Trends

Finally, the end is in sight. After motions to dismiss, discovery, hearings, a highly contested motion for class certification and mediation, the parties have reached a class settlement. The parties are relieved to end the uncertainty and burdens of a class action, and now turn their attention to obtaining court approval. But suddenly the settlement … Continue Reading