Class Action Countermeasures

Many states have statutes establishing that, as a condition of registering to do business in a state, a foreign corporation consents to general personal jurisdiction in that state.  Since the Supreme Court’s decision in Daimler AG v. Bauman, 571 U.S. 117 (2014) tightening the scope of the general personal jurisdiction doctrine, lower courts have wrestled

Last year, the Seventh and D.C. Circuits addressed the contours of personal jurisdiction in federal class actions.  Now, the Ninth Circuit Court of Appeals has joined the mix in Moser v. Benefytt, Inc., __ F.4th __, 2021 WL 3504041 (9th Cir. Aug. 2021).

In Moser, after the district court denied the defendant’s 12(b)(6) motion

The following article originally appeared on Law360 (Part 1 and Part 2).

In the 2013 case Comcast Corp. v. Behrend,[1] the U.S. Supreme Court explained that a party seeking class certification must satisfy the requirements of Federal Rule of Civil Procedure 23 through evidentiary proof.

What few practitioners may recall, however, is the question

On June 25, 2021, the United States Supreme Court issued its opinion in TransUnion LLC v. Ramirez (“Ramirez”), holding that all plaintiffs, to include absent class members, must demonstrate that they have suffered a concrete harm in order to have Article III standing to sue for damages.  Building off its decision in Spokeo v. Robins, LLC,

Yesterday, the Supreme Court issued its highly anticipated ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, holding that the generic nature of an alleged misrepresentation may be important evidence of price impact to rebut the Basic presumption of reliance and thus should be considered at class certification.

The decision provides defendants facing

Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is enough to satisfy Article III, which deviates from a prior 11th Circuit decision holding that one text message

For far too long, companies facing consumer and product liability litigation have relied solely on personal jurisdiction doctrine to try avoiding unfavorable forums applying unfavorable law. Personal jurisdiction doctrine, though useful, is ultimately a tool that produces inconsistent results.

Instead, companies facing consumer and product liability litigation should turn to another, well-developed body of law