Case Updates
Fourth Circuit reverses certification of damages and issue classes in data-breach litigation
August 18, 2023
The Fourth Circuit held that the district court should have considered the effect of class members’ signed class-action waivers, and must also reconsider on remand whether the issue class satisfies Rule 23’s superiority requirements given that class proceedings would leave important substantive questions to be litigated on an individual basis.
U.S. Chamber files coalition amicus brief arguing that Fourth Circuit should reverse class certification where class members cannot be readily identified and the claims on which the district court authorized an “issues class” cannot satisfy Rule 23(b)(3)
October 03, 2022
Click here to view the coalition amicus brief.
Ashley C. Parrish and Julianne L. Duran of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Petition for review granted
July 14, 2022
U.S. Chamber files coalition amicus brief
May 25, 2022
The brief urges Fourth Circuit to review decision certifying a class whose members cannot be readily identified and an “issues” class to pursue elements of negligence when the negligence claim itself could not satisfy Rule 23(b)(3).
Ashley C. Parrish of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Case Documents
- Lower Court Opinion -- In re Marriott International Customer Data Security Breach Litigation (D. Md.).pdf
- U.S. Chamber Coalition Amicus Brief (22-181) -- In re Marriott International Customer Data Security Breach Litigation (Fourth Circuit).pdf
- U.S. Chamber Coalition Amicus Brief (22-184) -- In re Marriott International Customer Data Security Breach Litigation (Fourth Circuit).pdf
- U.S. Chamber Coalition Amicus Brief -- In re Marriott International Customer Data Security Breach Litigation (Fourth Circuit).pdf
- Opinion, 8.18.2023 -- In re Marriott International Customer Data Security Breach Litigation (Fourth Circuit)