Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit

In Thornley v. Clearview AI, Inc., No. 20-3249 (7th Cir. Jan. 14, 2021), a plaintiff fighting removal of her Illinois class action from state court persuades the Seventh Circuit that the federal courts lacked subject-matter jurisdiction over her claim. “Illinois’s Biometric Information Privacy Act, familiarly known as BIPA, provides robust protections for the biometric informationContinue reading “Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit”

Ninth Circuit Vacates Class-Settlement Fee Award Under Rule 23(h), Rejecting Lodestar-With-Multiplier Calculation in Case Where 96% of Value Is Coupons

In Chambers v. Whirlpool Corp., No. 16-56666 (9th Cir. Nov. 10, 2020), a Ninth Circuit panel affirms a class settlement, but remands the case for a recalculation of the attorney’s fees under Fed. R. Civ. P. 23(h). The panel finds that awarding the lawyers’ billable hours with a 1.69 multiplier – totaling $14.8 million –Continue reading “Ninth Circuit Vacates Class-Settlement Fee Award Under Rule 23(h), Rejecting Lodestar-With-Multiplier Calculation in Case Where 96% of Value Is Coupons”

Plaintiff Had Standing to Represent Customers Who Paid Automatic Gratuities at All 49 Hotel Locations in Florida, Holds Eleventh Circuit

In Fox v. The Ritz-Carlton Hotel Company, LLC, No. 19-10361 (11th Cir. Sept. 29, 2020), the Eleventh Circuit reverses dismissal of a putative class action, holding that the class representative – who ate at three Ritz-Carlton restaurants, and alleged violations of the Florida Deceptive and Unfair Trade Practices Act – could bring a claim onContinue reading “Plaintiff Had Standing to Represent Customers Who Paid Automatic Gratuities at All 49 Hotel Locations in Florida, Holds Eleventh Circuit”

CAFA Removal Petition Need Only Plausibly Allege – Not Prove – An Amount in Controversy, Holds Ninth Circuit

In Salter v. Quality Carriers, Inc., No. 20-55709 (9th Cir. Sept. 8, 2020), the Ninth Circuit holds that the district court erred in holding that a defendant seeking to remove a matter from state court under the Class Action Fairness Act (CAFA), 28 U.S.C § 1332(d), had to factually prove that amount in controversy wasContinue reading “CAFA Removal Petition Need Only Plausibly Allege – Not Prove – An Amount in Controversy, Holds Ninth Circuit”