Montgomery McCracken Walker & Rhoads LLP

Every lawyer knows that in order to sue in federal court, plaintiffs must show that they are not merely raising abstract disputes, but have actually suffered concrete injuries. As the Supreme Court has long held, that requirement is built into Article III, section 2 of the United States Constitution, which limits the federal judiciary’s power

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Ahead of the Class

SCOTUS To Address Standing of Class Members

By Brett M. Waldron

January 5, 2021

The U.S. Supreme Court will soon hear argument in a Fair Credit Reporting Act (“FCRA”) class-action case out of the Ninth Circuit, Ramirez v. TransUnion LLC, 951 F.3d 1008 (9th Cir. 2020), cert. granted in part sub nom. TransUnion LLC v. Ramirez, Sergio L., No. 20-297, 2020 WL 7366280 (U.S. Dec. 16, 2020), that raises

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Ahead of the Class

SCOTUS To Address Standing of Class Members

By Brett M. Waldron

January 5, 2021

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Ahead of the Class

Sixth Circuit Rejects Certification of Negotiation Class as Unauthorized by Rule 23

By Patrick T. Ryan

October 5, 2020

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 23 expressly contemplates

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Ahead of the Class

Sixth Circuit Rejects Certification of Negotiation Class as Unauthorized by Rule 23

By Patrick T. Ryan

October 5, 2020

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Ahead of the Class

On Novel Grounds, Philadelphia Judge Rejects Uber’s Bid to Arbitrate Passenger’s Personal Injury Claim

By Charles Casper

January 9, 2020

By Charles B. Casper and Robert E. Day
If your company uses an online agreement and sells to Philadelphia residents, you will want to know about a January 3, 2020 Philadelphia Court of Common Pleas ruling in Kemenosh v. Uber Technologies, Inc. The court refused to enforce the arbitration agreement in Uber’s Terms of Service

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White Collar Alert

Ethical Considerations in Representing Clients at Risk of Suicide

By Lathrop B. Nelson III

September 9, 2019

Criminal defense attorneys often represent their clients when they are at their most vulnerable, facing an extremely stressful and often overwhelming investigation or prosecution. As lawyers, we focus on facts and the law, but as defense counsel, we must also focus on the mental and physical well-being of our clients. Our partner Stephanie Benecchi recently

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White Collar Alert

Seizure of MSC GAYANE Raises Forfeiture Issues for the Maritime Industry

By Lathrop B. Nelson III

July 12, 2019

A drug bust does not ordinarily fit as a subject of a White Collar Alert, but when law enforcement seizes 16 tons of cocaine from a container ship, the enforcement action raises some critical issues for the maritime industry. Yesterday, our partner Nicole Phillips, who recently joined our White Collar and Government Investigations Practice

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White Collar Alert

Federal Government Alleges College Admission Bribery Scheme

By Stephanie Benecchi

March 13, 2019

Earlier today, hundreds of federal agents effected arrests and announced indictments relating to an alleged massive college admissions bribery scheme involving some of the country’s top universities. The investigation, Operation Varsity Blues, has ensnared two Hollywood actresses, Felicity Huffman and Lori Laughlin, and scores of prominent executives and individuals.
The charging documents allege a

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Ahead of the Class

Third Circuit Joins Majority of Circuits in Holding that Simply Receiving a Receipt that Shows Too Many Credit Card Digits Does Not Confer Article III Standing to Sue Under FACTA

By Patrick T. Ryan

March 12, 2019

On March 8, 2019, the Third Circuit became the third federal court of appeals to hold that a shopper alleging he or she received a receipt displaying too many digits of a credit card number—in violation of the Fair and Accurate Credit Transactions Act’s ban on printing “more than the last 5 digits”—has not alleged

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