The Big Deal About Big Data: What Life Insurers Must Know
Big data and predictive analytics, which forecast future outcomes based on past occurrences, allow companies to examine large stores of data and uncover patterns that can be used to gain a competitive...
View ArticleTrademarks in Cuba, Successful Whistleblowers, Big Data, Health Care...
IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State...
View ArticleThird Circuit to Plaintiffs’ Bar: Expert Testimony Necessary for...
Plaintiff purchasers of traditional blood reagents, products that test the compatibility of donor blood with recipients, brought putative class actions claiming that two defendant companies conspired...
View ArticleEleventh Circuit Holds That Defendant Cannot Be Precluded From Asserting Its...
The Eleventh Circuit recently held that a district court lacked jurisdiction to determine, pre-certification, that a defendant’s waiver of its right to compel named plaintiffs to arbitrate their claims...
View ArticleDoes Rule 23(e) Require that Settlement Class Members Receive Notice of...
The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil...
View ArticleNinth Circuit Finds Bonus Indexed Annuity Delivers Exactly What was Promised
Observing that it "delivered precisely what it promised," the Ninth Circuit Court of Appeals recently affirmed summary judgment for an insurer in a case alleging violations of the Racketeer Influenced...
View ArticleExpect Focus - ONLINE HEALTH CARE: NOT SO FAST Telemedicine Hits A Few Speed...
In This Issue: - IN THE SPOTLIGHT • Risky Business: Common Cyber Security Risks, Expensive Consequences - LIFE INSURANCE • Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly What was Promised •...
View ArticleInternet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class...
The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect...
View ArticleFirst Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class...
The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the...
View ArticleDefects More Than Cosmetic: Beauty Product Purchasers Fail to Satisfy Rule 23
The Southern District of New York recently denied class certification in a consolidated putative class action against a cosmetics company for breach of contract, false advertising, unfair competition,...
View ArticleSecond Circuit’s Policy Language Interpretation Leaves Insurer Down in the Dumps
So this dump truck can’t make it through an overpass on I-90; the crash knocks the dump box off the truck and into the road. Five minutes later (or 30 seconds, if you believe some people), along comes...
View ArticleCalifornia District Court Certifies Classes of Fixed Index Annuities Purchasers
The Southern District of California recently certified California and multistate classes of annuities purchasers in a case challenging the allegedly abusive design, execution, and pricing of fixed...
View ArticleCourt Allows Class Member Self-Identification Where Employer Failed to Retain...
The Northern District of California recently certified a class of employees in an action against an auto parts store for failure to reimburse expenses. Plaintiff alleged that the defendant required...
View ArticleNo Party for IRS: Court Certifies Class of Conservative Nonprofits
If you thought that the political controversy over alleged IRS targeting of Tea Party organizations was confined to the media, think again – the issue has reached the courts. The Southern District of...
View Article2015 Food Industry Decisions With Bite
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class...
View ArticleThe Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming...
There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his...
View ArticleIllinois District Court Holds CAFA and Diversity Both Provide Federal...
The Southern District of Illinois recently confirmed that traditional diversity jurisdiction and jurisdiction under the Class Act Fairness Act (CAFA) provide two separate means of obtaining federal...
View ArticleThird Circuit Rejects Inflated-Value Theory of Damages, Declines to Certify...
The Third Circuit recently affirmed the denial of class certification in a suit alleging that a law school made misrepresentations about the employment status of its graduates, thereby inducing...
View ArticleThird Circuit Creates Framework for Analyzing Numerosity
The Third Circuit recently vacated class certification, granted by the Eastern District of Pennsylvania after nearly a decade of litigation, in an antitrust case alleging that a pharmaceutical company...
View ArticleNinety-Nine Problems but a Breach Ain’t One: Cybersecurity Lessons for Insurers
In the movie WallStreet , the character Gordon Gekko famously states that information is the most valuable commodity he knows. These days, the same could be said of data, which can now be bought, sold,...
View ArticleThe Future of Standing in Data Breach Class Actions
In today’s world, as technology costs decrease and personal information becomes more valuable on the black market, data breaches have seemingly joined the ranks of death and taxes as certainties. Add...
View ArticleFINRA Focus on Cybersecurity Continues
On November 14, the Financial Industry Regulatory Authority (FINRA) imposed a $650,000 fine against Lincoln Financial Securities Corporation (Lincoln Financial) for its failure to implement adequate...
View ArticleBack to the Future: 2017 [Expect Focus Life Insurance – December 2016]
- Should Your Company Purchase Bitcoin to Pay a Cyber Ransom? - NAIC Draws Line in CFPB Sandbox - NAIC’s Big Data Task Force Sets Charges for 2017 - Broker-Dealers Can Hold Customers’ Initial Checks -...
View ArticleCircuit Court Gives Red Light to TruGreen’s Motion to Compel Arbitration
The Sixth Circuit recently reversed a decision by the District Court for the Western District of Tennessee ordering arbitration in a putative class action lawsuit. Plaintiff brought a lawsuit against...
View ArticleNo Love For Proposed Consumer Class Settlements
Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of...
View ArticleA Not-So-Modest Proposal: Class Action Changes Could Have Big Impact
Like many things these days, the legal landscape is changing. One target is class action litigation. Some important new proposals have the potential to dramatically alter class actions in the near...
View ArticleEleventh Circuit Finds Dual Citizenship Defeats CAFA Diversity
The Eleventh Circuit recently denied a petition to appeal an order remanding a putative class action to state court, finding the defendant corporations’ dual citizenship defeated minimal diversity...
View ArticleNationwide Class Claims Under A Single State’s Consumer Protection Laws?
A flurry of recent consumer protection cases in California federal courts led to mixed results for defendants attempting to dismiss nationwide class claims based on the state’s choice of law rules. The...
View ArticleNext Stop the Supreme Court?: Circuit Court Extends American Pipe Tolling to...
The Ninth Circuit recently held that plaintiffs whose claims were tolled during the pendency of two class actions were not time-barred from bringing a third related putative class action when the first...
View ArticleClass Action and Regulatory Settlements Reflect the Rising Cost of Data Breaches
As the number of data breaches continues to increase, so too do the costs. After a breach occurs, companies typically expend significant sums conducting investigations, notifying customers and...
View ArticleSEC Seeks Public Comments on Standards of Conduct for Investment Advisors and...
On June 1, SEC Chairman Jay Clayton issued a statement seeking comments from interested parties regarding the standards of conduct for investment advisers and broker-dealers providing investment advice...
View ArticleStill Standing: Ninth Circuit Again Finds Standing in Spokeo Remand
The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010. The plaintiff initiated the lawsuit against Spokeo, which...
View ArticleThe Continuing Saga Of Standing In Data Breach Class Actions: The 8th Circuit...
We previously reported on the developing circuit split over Article III standing in data breach class action cases. In August, the D.C. Circuit Court joined the Sixth, Seventh, and Ninth Circuits in...
View ArticleDismissal of Individual Claims Cap Insurer’s Winning Streak in Action...
In May, the Southern District of California handed ING a win in a case involving allegations that the company targeted seniors with annuities that hid an embedded derivative structure that made them...
View ArticleSummary Judgment Win for Insurer in “Stable Value” Interest Rate Setting Case
In July, MetLife obtained a win in the Northern District of Illinois when the court granted summary judgment in its favor on a claim that it had breached the duty of good faith and fair dealing in...
View ArticleExpect Focus - Life Insurance, Volume III - September 2017
EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please...
View ArticleExpect Focus - Life Insurance, Volume III - September 2017
EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please...
View ArticleFall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!
As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon...
View ArticleWhen Innovation Meets Regulation - The Effect of InsurTech on Insurance...
The rise of InsurTech — which brings technological innovations to the business of insurance — has recently had a significant impact on the insurance industry, including through advancements in...
View ArticleExpect Focus - Life Insurance, Volume IV, December 2017
EXPECTFOCUS is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please...
View ArticleSpokeo Seeks Supreme Court Round II
The Spokeo standing saga, which began in 2010, continues with a second cert petition to the Supreme Court. The case began when plaintiff filed a putative class action, alleging that defendant Spokeo...
View ArticleWhen Innovation Meets Regulation: InsurTech and State Licensing Laws
The rise of InsurTech — which brings technological innovations to the business of insurance — is having a significant impact on the insurance industry, including through advancements in cybersecurity...
View ArticleNo Celebration For Yahoo! Data Breach Claims Survive Motion To Dismiss
After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively,...
View ArticleExpect Focus - Life Insurance, Volume I, March 2018
EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please...
View ArticleWill The Supreme Court Take A Charitable View Of Cy Pres Settlements?
On April 30, the Supreme Court granted certiorari in Frank v. Gaos, No. 17-961 to review the fairness of the ever-increasing use of cy pres remedies in class action settlements....By: Christine Stoddard
View ArticleFourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing To...
The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing....By: Christine Stoddard
View ArticleDefense Victories in Genetic and Biometric Privacy Class Actions
In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic...
View ArticleTenth Circuit Finds Plaintiffs’ Settle And Dismiss Strategy Unappealing
Following Supreme Court precedent, the Tenth Circuit recently held that plaintiffs’ settlement and voluntary dismissal of their claims did not transform the court’s interlocutory order denying class...
View ArticleLouisiana Appeals Court Affirms Class Certification in Lingering Litigation...
A Louisiana appeals court recently affirmed class certification in consolidated lawsuits, pending since 1991, against Louisiana’s Department of Insurance, other related state entities, and the state’s...
View ArticleNo Injury, No Problem?: The First Circuit Weighs In On Certification Where...
In Tyson Foods, the Supreme Court declined to resolve the issue of whether a class may be certified if it contains members who were not injured and have no legal right to damages....By: Christine Stoddard
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