Tag Archives: Article III standing

New Jersey Federal Court Applies Supreme Court’s Clapper Decision and Dismisses Data Breach Class Action

Relying in part on the recent United States Supreme Court’s ruling in Clapper v. Amnesty International, a federal judge in New Jersey dismissed a putative data breach class action against three healthcare entities and a vendor retained by each the entities.  Bobbi Polanco v. Omnicell, Inc., Civ. No. 13-1417 (NLH/KMW) (December 26, 2013).  The defendants were Sentara … Continue Reading

Decision in Google Copyright Infringement Case Highlights Key Issues in Associational Standing and Adequacy in Class Certification

Co-authored by Amanda Karp A recent decision by the United States District Court for the Southern District of New York highlights two key concepts in representative litigation: (1) associational standing to bring a representative action; and (2) the propriety of class certification when class members’ interests may be in conflict with one another. Case Summary … Continue Reading

Data Breach Class Action Against Google Allowed to Proceed Under Stored Communications Act

In most consumer fraud and other class actions, the decisive point in the litigation is often the class certification battle, where the stakes are high as the costs to a company in terms of money and reputation are on the line.  Before ever getting to the class certification stage, defendants typically try to knock the claims … Continue Reading
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