Standing, Jurisdiction, and CAFA in “No Injury” Class Actions: Are Spokeo And Bristol-Myers as Helpful as You Think?

Your Michigan-based manufacturing company has just been served in state court in Florida in a class action brought by residents of Florida, California and New York. Only state-law claims are asserted.  Plaintiffs allege failure to disclose an alleged defect in your company’s product, but only the California and New York residents have actually experienced the alleged defect. Plaintiffs seek to certify statewide classes to litigate their claims under Florida, California, and New York law. Your plan: remove to federal court under CAFA; move to dismiss the California and New York Plaintiffs for lack of specific personal jurisdiction under Bristol-Myers; and move to dismiss the uninjured Florida resident for lack of Article III standing under Spokeo. A favorable decision from the Supreme Court in Transunion could only help. What could go wrong? 

A lot, potentially. Dykema lawyers John M. Thomas and Krista L. Lenart will explore the pitfalls and complications in arguing standing and personal jurisdiction in “no injury” class actions subject to CAFA.

Tuesday, May 18, 2021
1:00 p.m. – 2:00 p.m. EST

Speakers: Krista Lenart, Member, Ann Arbor and John Thomas, Member, Ann Arbor

CLE accreditation is anticipated for California, Illinois and Texas. We provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions. HRCI eligibility will be determined after the program. If HRCI accredited, we provide Certificates of Attendance to all attendees who return a completed Record of Attendance. Please contact Kelsey Rustigian at krustigian@dykema.com with questions.

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