By Gerald L. Maatman, Jr., Rebecca S. Bjork, and Eden E. Anderson Duane Morris Takeaway: In 5-Star General Store, et al. v. American Express Co., 2024 U.S. Dist. LEXIS 217246 (D.R.I. Dec. 2, 2024), Judge Mary McElroy of the U.S.
The FTC Issues Three New Orders Showing Its Increased 2024 Enforcement Activities Regarding AI And Adtech
By Gerald L. Maatman, Jr. and Justin R. Donoho Duane Morris Takeaways: On December 3, 2024, the Federal Trade Commission (FTC) issued an order in In Re Intellivision Technologies Corp., (FTC Dec. 3, 2024) prohibiting an AI software developer from
Ninth Circuit holds that arbitration agreement adopting New Era’s mass-arbitration rules is unconscionable—but the decision is narrow and limited to New Era’s unique rules
Abuse of the arbitration system by plaintiffs’ lawyers through the filing of mass arbitrations is by now well-documented, including in a paper we authored for the Chamber of Commerce’s Institute for Legal Reform. Companies have responded by revising arbitration agreements
First Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification Denial
The First Circuit recently held as a matter of first impression that denial of class certification does not strip a federal court of jurisdiction under the Class Action Fairness Act (“CAFA”), consistent with earlier decisions from the Second, Third and
Video Privacy Protection Act Claims – Maybe Not a Slam Dunk After All
For this Cyber Monday, we are looking at one of the hot topics in data-privacy and cybersecurity litigation: the Video Privacy Protection Act. Recent years have seen an uptick in lawsuits asserting violations of the VPPA by companies that host video
Quebec Bar Association Hosts National Conference On Cutting-Edge Class Action Issues
By Jennifer A. Riley Duane Morris Takeaways: Jennifer A. Riley, the Vice-Chair of the Duane Morris Class Action Defense Group recently spoke at 21st National Class Action Conference organized by the Barreau du Québec (Québec Bar Association). As the sole
Pitta & Baione Recovered Over Half a Billion Dollars for 9/11 Victims
Decades after the devastating terrorist attack on September 11, 2001, countless Americans, many of whom were first responders at the scene, are still suffering life-altering cancers, respiratory illnesses, and other medical conditions as a result of their exposure to dust
Notable Litigation – October 2024
Notable litigation filed in October 2024 includes: (1) Jolley v. WCM Global Wealth, LLC, et al., No. 2024CP2306268 (S.C. Com. Pl.); (2) Vazquez, et al., v. Inventis Ventures Holding, Inc., et al., No. 2024-01436108 (Cal. Super. Ct.); and (3) Jaramillo
Supreme Court to Review ERISA Prohibited Transactions
The Supreme Court recently granted certiorari in Cunningham v. Cornell University to address the pleading standard for prohibited transactions under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1106(a)(1)(C).
California Federal Court Finds Plaintiffs Plausibly Alleged That Cloud Solution Company Owed Consumers Duty of Care
In a putative consumer data breach class action, a court in the Northern District of California recently denied a cloud solution company’s motion to dismiss the plaintiffs’ negligence claim finding that the plaintiffs plausibly alleged that the company owed consumers