In December, the Second Circuit cleared the way for plaintiffs to bring TCPA class actions in New York federal courts by holding that a New York state law prohibition on class actions for recovery of statutory damages was no obstacle to federal jurisdiction. The case, Bank v. Independence Energy Group, LLC, No. 13-1746 (2d Cir. … Continue Reading
The Supreme Court recently agreed to resolve a circuit split on the pleading requirements for claims that ERISA fiduciaries imprudently invested employee stock ownership plan (ESOP) assets in the stock of the employer—so-called “stock-drop” cases. Under the “Moench presumption,” named after Moench v. Robertson, 62 F.3d 553 (3d Cir. 1995), courts presume that investments of … Continue Reading
In a decision last week, the Massachusetts Supreme Court held that zip codes are personally identifiable information, perhaps serving as a harbinger for other state court decisions still to come. This ruling is important for all retailers when considering their privacy practices in conjunction with ever-evolving privacy laws, especially in the class action context. In Tyler … Continue Reading