Appellate Law News and Insights

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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Last month, in a split decision, the Eleventh Circuit reversed a district court's incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it may have rung the death knell on class action incentive awards in that Circuit. Dickenson...

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