On Aug. 18, the United States Court of Appeals for the Fourth Circuit issued an opinion in the long-running Marriott Data Breach MDL Litigation. The Fourth Circuit reversed a district court’s class certification decision, holding that the district court erred in certifying damages classes against the Marriott defendants without first addressing, as a threshold issue, the potential enforceability of a “class-action waiver” that could be applicable to all members of the putative class. The Court of Appeals also reversed the district court’s certification of issue ...
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