On June 22, 2018, the United States Supreme Court held in Carpenter v. United States that law enforcement agencies must obtain a warrant supported by probable cause to obtain historical cell-site location information from third-party providers.
Continue Reading Supreme Court Holds Warrant Required to Obtain Historical Cell Phone Location Information

As we previously reported, the Supreme Court’s decision in Spokeo v. Robins, has been nearly universally lauded by defense counsel as a new bulwark against class actions alleging technical violations of federal statutes. But Spokeo also poses a significant threat to defendants by defeating their ability to remove exactly the types of cases that defendants most want in federal court.
Continue Reading Will Spokeo Undermine CAFA?

On May 16, 2016, the United States Supreme Court issued a decision in Spokeo Inc. v. Thomas Robins, holding that the Ninth Circuit’s ruling applied an incomplete analysis when it failed to consider both aspects of the injury-in-fact requirement under Article III. The Court found that a consumer could not sue Spokeo, Inc., an alleged consumer reporting agency that operates a “people search engine,” for a mere statutory violation without alleging actual injury.
Continue Reading Supreme Court Finds Consumers Must Prove Injury in Class Actions

As reported in the Hunton Employment & Labor Perspectives Blog, on March 19, 2013, the United States Supreme Court ruled that stipulations by a named plaintiff on behalf of a proposed class prior to class certification cannot serve as the basis for avoiding federal jurisdiction under the Class Action Fairness Act of 2005.
Continue Reading Supreme Court Limits Plaintiffs Ability to Cap Damages Prior to Class Certification

The United States Supreme Court’s recent decision in a FISA case is likely to have a significant impact on privacy and data breach-related class actions, possibly thwarting the ability of individuals affected by breaches to assert standing based on a fear of possible future harm.
Continue Reading Supreme Court Finds Lack of Standing to Challenge Foreign Intelligence Surveillance Act