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Federal Court Rejects Coupon Settlement Under CAFA
A federal court in California recently sided with twenty-six state attorneys general and several objectors in rejecting a proposed class action settlement that called for Honda to provide over 175,000 Honda Civic…
Supreme Court Clarifies Diversity Jurisdiction Standard
In a unanimous decision Tuesday in Hertz v. Friend, -- U.S. --, No. 08-1107, 2010 WL 605601 (Feb. 23, 2010), the Supreme Court clarified the test federal courts should apply to determine a corporation’s citizenship…
Identity Theft Litigation Update: Recent Cases Show Trend Toward Dismissal of Speculative Claims
Several weeks ago, we discussed how most courts were rejecting lawsuits where the plaintiffs claimed “damages” in the form of an increased risk of identity theft, generally stemming from allegations of an accidental…
Third Circuit Eases Ability to Remand Class Actions to State Court
The Class Action Fairness Act (“CAFA”) eliminated longstanding barriers to removal of cases from state to federal court. To remove a class action under CAFA, it is no longer necessary for all plaintiffs and defendants…
Fears of Future Identity Theft Generally Not Sufficient To Establish "Actual Damages" In A Lawsuit
Over the last few years, incidents involving disclosures of personal information by consumer financial service providers have been big news, ranging from the theft of laptop computers containing social security…