Appellate Practice

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FBFG has an experienced appellate practice, having successfully obtained numerous groundbreaking decisions from federal and state appellate courts.  Examples include: In Re Zappos.Com, Inc., Customer Data Security Breach Litigation, No. 16-16860, 2018 WL 1189643 (9th Cir. Mar. 8, 2018) (reversing dismissal by district court and holding that consumers whose personal identification information was stolen in a data breach have Article III standing); Zahn v. N. Am. Power & Gas, LLC, 2016 IL 120526, 72 N.E.3d 333 reh'g denied (Jan. 23, 2017) (on certified question from the 7th Circuit, holding that the Illinois Commerce Commission does not have exclusive jurisdiction to hear consumer claims against alternative retail electricity suppliers); Zahn v. N. Am. Power & Gas, LLC, 847 F.3d 875 (7th Cir. 2017) (reversing dismissal of consumer’s putative class action seeking redress for excessive electricity charges by alternative retail electricity supplier); John v. Whole Foods Mkt. Grp., Inc., 858 F.3d 732, 738 (2d Cir. 2017) (reversing dismissal of consumer’s putative class action seeking redress for Whole Foods’ alleged practice of representing the weight of prepackaged foods); Tyler v. Michaels Stores, Inc., 464 Mass. 492, 984 N.E.2d 737 (2013) (on certified question from U.S. District Court for Massachusetts, finding that the collection of ZIP codes from consumers using credit cards violates Massachusetts consumer protection law).