Justin Winquist

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Ninth Circuit again finds Article III standing in Spokeo: The injury was particularized in round one, and it’s concrete in round two.

By Justin Winquist on August 23, 2017 Posted in Privacy Class Actions

The Spokeo saga continues. As our sister blog, the Data Privacy Monitor, reported here, the United States Supreme Court’s May 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1550 (2016) (Spokeo II) vacated and remanded a Ninth Circuit decision (Spokeo I) for failure to consider the concreteness prong of the “concrete and … Continue Reading

Ninth Circuit First to Take Up Offers of Judgment After Campbell-Ewald

By Justin Winquist on June 21, 2016 Posted in TCPA

Co-authored by: Erica L. Cook As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named plaintiff full relief on his or her individual claims under Fed. R. Civ. … Continue Reading

A Year Later: The Impact of Halliburton II Is Still Developing

By Justin Winquist on July 1, 2015 Posted in Class Certification, Securities

In June 2014, the Supreme Court issued its decision in Halliburton Co. v. Erica P. John Fund Inc. (“Halliburton II”), a putative class action in which Halliburton investors alleged that the company made misrepresentations designed to inflate its stock price, in violation of section 10(b) of the Securities Exchange Act of 1934 and Securities and … Continue Reading

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

By Casie Collignon and Justin Winquist on September 15, 2014 Posted in Rule 12 Motions to Dismiss, TCPA

Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of Alabama magistrate judge recommended dismissal on September 3, 2014, of most of the plaintiff’s claims on grounds that the plaintiff gave Coca-Cola prior … Continue Reading

Objectors Seek Writ of Certiorari to SCOTUS Over Monsanto Agent Orange Settlement

By Justin Winquist on February 3, 2014 Posted in Class Certification, Settlements, Uncategorized

On January 21, 2014, objectors to a class action settlement over contamination from Monsanto Agent Orange herbicide filed a Petition for Writ of Certiorari with the Unites States Supreme Court. The Petition asked the Court to entertain the objectors’ request to reverse the West Virginia Supreme Court’s November 22, 2013 decision, which affirmed the trial … Continue Reading

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

By Justin Winquist on December 17, 2012 Posted in Class Actions Privacy

Editor’s Note: This post is a joint submission to BakerHostetler’s Data Privacy Monitor blog. Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast” statute, prohibits unsolicited faxes and automated calls … Continue Reading

Can a Class Action Plaintiff Limit the Putative Class’s Damages to Secure a State Forum?

By Justin Winquist on January 2, 2012 Posted in Class Action Fairness Act

Can a class action plaintiff, acting on behalf of a putative class, limit the putative class members’ damages in order to secure a state forum? Is the putative representative bound by his or her duties to absent class members to maximize the damages they can recover? Several courts have addressed these questions, and the answer to date … Continue Reading