On November 23, 2021, Mike McTigue, Meredith Slawe, and Max Kaplan filed an amicus brief in the 11th Circuit on behalf of the Restaurant Law Center, Retail Litigation Center, and National Retail Federation. These leading trade associations lent support to Brinker International, Inc. in its appeal of the district court's order certifying massive "no-injury" classes in connection with a data breach. Our team addressed the defects in the district court's ruling and its troubling implications for restaurants, retailers, and other businesses if left intact: "Adherence to the fundamental safeguards embedded in Rule 23 and Article III is not only mandated by controlling precedent, it is necessary to ensure fundamental fairness to class action defendants, including restaurants and retailers, in this case and all others."
To read the brief, click here.