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INSIDE THE FIRM

Issues and Appeals

Led by partner Ryan D. Andrews, our Issues and Appeals Group routinely litigates cases of first impression in state and federal courts nationwide. The Issues and Appeals Group has won significant victories, including in several federal appellate courts and the United States Supreme Court. These decisions have created favorable law in numerous areas—including common law privacy and nearly all of its statutory variants—fundamentally changing how entire industries operate.

These victories include:

United States Supreme Court

 

Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). In Spokeo, the Court rejected the argument that individuals must allege “real world” harm to have standing to sue in federal court; instead the court recognized that “intangible” harms and even the “risk of future harm” can establish standing.” Commentators have called Spokeo one of the most important consumer privacy case to come before the Supreme Court in recent times.

 

Federal Appellate Courts

 

Yershov v. Gannett Satellite Info. Network, Inc., 820 F. 3d 482 (1st Cir. 2016). In a landmark decision, the Court (including retired Justice David Souter) reversed the dismissal of Video Privacy Protection Act claims finding that mobile app users are “subscribers” and unique device IDs can be “personally identifiable information.”

Satterfield v. Simon & Schuster, Inc., 569 F. 3d 946 (9th Cir. 2009). In a case of first impression, the Court reversed the grant of summary judgment to defendant finding both that text message is a “call” and that dialing equipment need only have the “capacity” to be an autodialer under the TCPA.

Resnick v. AvMed, Inc., 693 F. 3d 1317 (11th Cir. 2012) In a medical data breach class action, the Court reversed dismissal and adopted plaintiff’s novel “overpayment” theory of damages.

Wigod v. Wells Fargo Bank, NA, 673 F. 3d 547 (7th Cir. 2012). Plaintiff alleged that the bank wrongfully denied her a loan modification guaranteed to her through the Home Affordable Modification Program (“HAMP”). On appeal, the Court reversed dismissal of plaintiff’s claims as preempted by the HAMP and confirmed that plaintiffs could raise contract claims based on certain violations of the HAMP program guidelines.

Empress Casino Joliet Corp. v. Blagojevich, 638 F.3d 519, 523 (7th Cir. 2011), reh’g en banc granted in part, opinion vacated in part on other grounds sub nom. Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 649 F.3d 799 (7th Cir. 2011), and on reh’g sub nom. Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 651 F.3d 722 (7th Cir. 2011). We represented former Illinois Governor Rod Blagojevich pro bono. On appeal we secured legislative immunity for the former governor from civil RICO and other claims related to a “pay-to-play” scheme brought by a group riverboat casinos.

Gubala v. Time Warner Cable, Inc., 846 F. 3d 909 (7th Cir. 2017). Authored amicus brief on Article III standing and privacy issues followed and referenced favorably by the Court.

 

Recent Significant District Court Opinions

 

Johnson-Morris v. Santander Consumer USA, Inc., 194 F. Supp. 3d 757 (N.D. Ill. 2016) (denying motion to dismiss claims under the Fair Debt Collection Practices Act involving complex issues of legal tolling and statutory interpretation).

Greene v. Mizuho Bank Ltd., — F. Supp. 3d —, 2016 WL 4493451 (N.D. Ill. Aug, 26, 2016) (concluding that claim was stated against Mizuho for fraud and tortious interference with contract related to its actions towards the Mt. Gox bitcoin exchange).

Aranda v. Caribbean Cruise Line, Inc., 179 F. Supp. 3d 817 (N.D. Ill. 2016) (winning partial summary judgement, denying defendants’ motion for summary judgment in full, and denying motion to decertify class based on Spokeo).

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