Appellate Law News and Insights

Today, the United States Supreme Court granted a writ of certiorari in Trans Union LLC v. Ramirez. At issue is an eight-figure judgment obtained by a certified class of consumers for statutory and punitive damages based on violations of the Fair Credit Reporting Act ("FCRA"), which was upheld by a divided...

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This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the Stored Communications Act to emails backed up on a private server. MCGEE...

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On September 24, 2020, a divided panel of the Sixth Circuit rejected a trial court's novel attempt to use Rule 23 to create a class for negotiation purposes only.   In re: Nat'l Prescription Opiate Litig., ___ F.3d ___, 2020 WL 5701916 (6th Cir. Sept. 24, 2020). Unlike the classes that Rule...

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