matthew d. Berkowitz - The Class Action Blog by Carr Maloney PC

Fourth Circuit Reiterates that Absent Class Members Must Suffer Actual Harm

On January 23, 2025, the Fourt Circuit, in Alig v. Rocket Mortg., LLC, No. 22-2289, 2025 WL 271563 (4th. Cir. Jan. 23, 2025), reversed the District Court’s decision that a certified class action. In Alig, the plaintiffs filed a class action lawsuit against Quicken Loans, Inc. (now Rocket Mortgage), and alleged that the appraisals for the refinancing of their homes were not “independent’ because the defendants provided the homeowners’ estimates of their homes’ value to the appraisers. Thus, the plaintiffs alleged that the appraisals that they paid for were “worthless.”

The District Court certified a class of […]

By Matthew D. Berkowitz|2025-01-24T10:02:21-05:00January 24th, 2025|Practice Areas: Class Action|Topics: Alig v. Rocket Mortgage, Appraisal independence, Article III standing, Class Action, Class Action Lawsuits, Class certification reversal, Concrete harm in class actions, fourth circuit decision, matthew d. Berkowitz, Rocket Mortgage litigation, Statutory violations, TransUnion LLC v. Ramirez|

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Supreme Court Announces Bright Line Rule in Determining Federal Courts’ Subject-Matter Jurisdiction

On January 15, 2025, the Supreme Court of the United States in Royal Canin U.S.A., Inc., et al. v. Wullschleger et al., upheld the Eighth Circuit’s decision, holding that when a plaintiff amends their complaint and deletes the federal-law claims that give a federal court jurisdiction to hear the case, leaving only state-law claims behind, the federal court loses supplemental jurisdiction over the state claims and must remand to state court.

Plaintiff Anastasia Wullschleger filed a class action lawsuit in state court against Defendants Royal Canin U.S.A. Inc. and Nestlé Purina PetCare Co., alleging that the companies […]

By Matthew D. Berkowitz and Kerri Nicholson|2025-01-22T12:54:03-05:00January 22nd, 2025|Practice Areas: Class Action|Topics: Class Action, federal courts, federal law claims, federal question jurisdiction, kerri nicholson, matthew d. Berkowitz, state law claims, supreme court decision|

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Supreme Court Declines to Consider New Pleading Standard for Securities Fraud Claims

On December 11, 2024, the Supreme Court dismissed NVIDIA Corporation’s appeal, allowing a class action securities fraud case to move forward towards trial.

The Plaintiffs originally brought the case in the United States District Court for the Northern District of California, alleging that during the class period May 10, 2017, through November 14, 2018, NVIDIA’s executives knowingly or recklessly made false or misleading statements to their investors by downplaying the potential effects that crypto mining or crypto currency sales would have on their gaming revenue. More specifically, the Plaintiffs alleged that 1) NVIDIA’s executives had knowledge that […]

By Matthew D. Berkowitz and Nima Youchidje|2024-12-18T16:19:39-05:00December 18th, 2024|Practice Areas: Class Action|Topics: Class Action, matthew d. Berkowitz, nima youchidje, securities fraud|

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23andMe Reaches Proposed Settlement in Data Breach Class Action

In November 2023, a class action lawsuit was filed against the genetic testing company, 23andMe. The plaintiffs alleged that a data breach resulted in the unauthorized disclosure of 6.9 million users’ personal and genetic information, including their names, contact information, ancestry reports, and DNA matches. Despite the fact that the breach began in April 2023 and lasted several months, the plaintiffs alleged that 23andMe failed to warn its users of the breach until October 2023 thereby causing further harm.

Although the parties began the arbitration process, the parties asked the US District Court for the Northern District […]

By Matthew D. Berkowitz|2024-09-23T12:11:01-04:00September 23rd, 2024|Practice Areas: General|Topics: 23 and me, Class Action, Data Breach, matthew d. Berkowitz, sasha magruder|

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