Manning & Kass Ken Kawabata Partner Mentioned in Law360
According to a July 14 post on Law360, Manning & Kass client IKEA "has asked the U.S. Supreme Court to review a decision telling a district court to dismiss litigation over the retailer’s ZIP code collections, thus opening up the possibility for a state-court battle, saying the ruling flouts precedent by failing to analyze whether the alleged statutory violation constituted a sufficient injury under the justices' Spokeo decision."
Kenneth S. Kawabata, a partner in the San Diego office of Manning & Kass, helped the retailer obtain a 2014 decision that decertified a class of shoppers who claimed damages due to IKEA's alleged practice of asking customers for ZIP code information after they made credit card purchases.
Plaintiff has since argued that her case belonged in state, rather than federal court, asking the Ninth Circuit to vacate the decertification decision and recommend that the dispute be removed from the federal system.
The Ninth Circuit agreed that Plaintiff failed to plead concrete harm, as necessary under Spokeo, to give her standing.