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Paul Zimmerman
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Showing 3 posts by Mona Z. Hanna.

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Class Action: Supreme Court Rules That Federal Plaintiffs Must Show a “Concrete” Injury

Some may view it as a blow to consumer class actions, while others might characterize it as an example of a high court “punting” on a key issue, but regardless of one’s characterization, the United States Supreme Court’s 6-2 decision in Spokeo Inc. v. Robins is reverberating throughout the legal community. In a long awaited opinion, the Supreme Court vacated a Ninth Circuit ruling that had deemed so-called technical violations of the Fair Credit Reporting Act (“FCRA”) sufficient to establish an injury-in-fact for purposes of satisfying the standing requirements to bring a lawsuit under federal jurisdiction. According to the Supreme Court, the Ninth Circuit’s standing analysis was not complete because it failed to consider whether the alleged injury was “concrete.” The Supreme Court has remanded the case to the Ninth Circuit to re-consider the standing issues in light of the Court’s guidance. While the Court may have refused to decide the underlying issue of standing, it did make a significant, and potentially momentous, finding that could curtail the spread of consumer class action lawsuits in which lead plaintiffs identify no actual harm from the violation of a statute. (Read More)

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What Music Rights Holders Need to Know About the Impending NMPA / Spotify Settlement

Not much is known yet about the impending settlement between the National Music Publishers Association (NMPA) and Spotify. Songwriters and other music rights holders will surely have questions regarding the potential impact of this settlement, including how it may affect the ongoing $150 class action suit against Spotify. The below FAQ sheet addresses these questions, and others, in an effort to clarify the potential ramifications of the purported NMPA / Spotify settlement. (Read More)

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Rash of ADA Website Accessibility Class Actions Put Businesses on Notice

As a business owner or manager, it is likely that you’ve never considered whether or not your website was compliant for the blind or visually impaired. However, earlier this year a number of Americans with Disabilities Act (ADA) class action lawsuits were filed by Carlson Lynch, a plaintiffs’ firm that also filed hundreds of ATM class actions in 2013. In the past two years, lawsuits and demand letters regarding businesses denying access to the visually impaired public have been on the rise. It is likely that we’ll continue to see suits filed against retailers, banks, libraries, colleges and any other organization that provide places of public accommodation for their websites. (Read more)