class actions – First Class Defense

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Massachusetts Court Grants Motion to Dismiss “Spy Pixel” Privacy Class Action for Lack of Standing

May 14, 2025 / May 14, 2025 by Samih Eloubeidi

On January 31, 2025, in Campos v. TJX Companies, Inc., No. 24-cv-11067, the District of Massachusetts granted a motion to dismiss a class action due to the plaintiff’s lack of standing. The court concluded that the named plaintiff’s claims regarding the intrusion of her privacy by “spy pixels” could not be successful because there was […]

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Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

March 26, 2025 / May 14, 2025 by Samih Eloubeidi

On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23. The court concluded that the named plaintiff’s claims for unlawful disclosure of personally identifiable information could not be maintained on a […]

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Massachusetts Court Decertifies Class Action Against Medical School Over Deceptive Advertising Claims

January 8, 2025 by Melanie Conroy

The District of Massachusetts recently issued an opinion decertifying a class of medical students formerly enrolled at Saba University School of Medicine, a for-profit medical school in the Dutch Caribbean that is headquartered in Massachusetts. The reversal followed the court’s initial tentative certification under Federal Rule 23, issued from the bench immediately after oral argument. […]

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First Circuit Revives Privacy Class Action Based on Injury and Predominance

September 30, 2024 by Melanie Conroy

This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and denied class certification. On appeal, the First Circuit vacated and remanded, focusing its analysis on (1) whether the Plaintiff alleged […]

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Arbitration Class Action Litigation Supreme Court

In Trio of Decisions, Supreme Court Resolves Circuit Splits on Arbitration

July 31, 2024 by Melanie Conroy

Three recent Supreme Court Decisions—Coinbase v. Suski, Smith v. Spizzirri, and Bissonnette v. LePage Bakeries—based on consumer and employment disputes have resolved significant circuit splits over arbitration. These cases were all decided by a unanimous Court, with Justices Jackson, Sotomayor, and Roberts authoring the three opinions. Supreme Court Considers Arbitrability Based on Conflicting Contracts In […]

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Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

July 18, 2024 / July 18, 2024 by Melanie Conroy

In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of constitutional standing. In privacy class actions before the federal courts of the First Circuit, plaintiffs have brought state tort and […]

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Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

April 30, 2024 by Melanie Conroy

On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision Brinker was a July 2023 Eleventh Circuit decision affirming class certification and holding that class members’ exposure of their payment information to the dark web […]

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Part 4: Making a COVID-19 Tuition Suit Last

February 13, 2024 / February 13, 2024 by Sarah Remes

We recently highlighted two Boston-based COVID-19 tuition refund class action suits, against Brandeis University and Boston College, and the impact of a provision in the Commonwealth’s Fiscal Year 2024 Budget that grants retroactive immunity from claims arising out of tuition or fees paid for the Spring 2020 term. In both cases, with orders issued just […]

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The Budget Saves Brandeis: An Update on COVID-19 Tuition Litigation

February 1, 2024 by Sarah Remes

In Part 2 of our series on our Massachusetts and Boston-based COVID-19 tuition refund class action suits, we reviewed the legal backdrop of this wave of class action litigation and explored some common pitfalls in education-based claims, noting that even where cases are able to proceed based on adequate framing of the claims and underlying […]

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Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

January 11, 2024 / January 11, 2024 by Melanie Conroy

At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to bring her ADA claims. The decision came as no surprise following the Justices’ sharp focus on mootness during […]

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Tag: class actions

Tag: class actions

Massachusetts Court Grants Motion to Dismiss “Spy Pixel” Privacy Class Action for Lack of Standing

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

Massachusetts Court Decertifies Class Action Against Medical School Over Deceptive Advertising Claims

First Circuit Revives Privacy Class Action Based on Injury and Predominance

In Trio of Decisions, Supreme Court Resolves Circuit Splits on Arbitration

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

Part 4: Making a COVID-19 Tuition Suit Last

The Budget Saves Brandeis: An Update on COVID-19 Tuition Litigation

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision