The common law trends in bet the company class actions have been overall favorable for defendant businesses in 2019. The U.S. Supreme Court issued two more decisions enforcing arbitration agreements and class action waivers. District courts from the U.S. Courts of Appeals for the Sixth and Seventh Circuits have consistently ruled that Bristol-Myers Squibb precludes nationwide class actions in jurisdictions other than where a defendant is subject to general jurisdiction. Depending on the venue and the nature of the claim, defendants can expect to win some (though not all) standing challenges where plaintiffs have arguably suffered no actual harm. With the enactment of the California Consumer Privacy Act (CCPA) in January 2020, defendants can expect a thornier landscape going forward. But as long as courts continue applying the same principles trending in 2019, defendants have various tools to defeat the expected influx of consumer privacy and data breach class actions.

Courts Continue Enforcing Arbitration Agreements and Class Action Waivers

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