Mondaq USA: Litigation, Mediation & Arbitration > Class Actions
Foley & Lardner
For some time now, however, there has been a split among the United States Courts of Appeals over what a party seeking class certification must demonstrate to meet the ascertainability requirement.
BakerHostetler
The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017)...
Schnader Harrison Segal & Lewis LLP
UPDATE (10/04/2017). Read the blog post linked below for a brief assessment of the oral argument. It looks like "a deeply divided Court."
Carlton Fields
Plaintiff's putative class action alleged that defendant Mott's violated FDA regulations and California's Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice...
Reed Smith
Roughly 227,000 consumers will receive an average of $43 each in an effort by the Federal Trade Commission (FTC) to send refunds to purchasers of dietary supplement products sold by Health Formulas LLC.
Carlton Fields
Plaintiff's putative class action alleged that defendant Mott's violated FDA regulations and California's Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice with the label "No Sugar Added," which plaintiff claimed misled consumers into thinking the juice had fewer calories than its competitors.
Carlton Fields
The district court initially granted in part and denied in part defendant's motion to dismiss.
Fisher Phillips LLP
A federal judge in California recently gave his blessing to an $8.75 million settlement in the ongoing litigation by delivery drivers against the food courier service, Postmates.
Davis & Gilbert
The massive data breach at Equifax has quickly spurred a number of lawsuits on behalf of consumers. That was to be expected.
Reed Smith
Do as I say, not as I do. A crutch used by parents worldwide to justify their own bad habits while trying to ensure their children don't repeat them.
Seyfarth Shaw LLP
The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers' mandatory arbitration programs.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Ready for good news about TCPA litigation? In this edition of our Monthly TCPA Digest — providing insights on TCPA cases and regulations — we point to a glimmer of hope for businesses.
Seyfarth Shaw LLP
Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions.
Troutman Sanders LLP
In response, Area Wide brought a motion to strike the class allegations prior to any discovery, which the Court rejected.
Seyfarth Shaw LLP
A string of recent class action lawsuits regarding businesses' use of employees' biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws.
Troutman Sanders LLP
On July 10, the Consumer Financial Protection Bureau issued its long-awaited final Rule banning class action waivers in arbitration provisions for covered entities, as well as requiring the covered entities...
Troutman Sanders LLP
On March 13, 2017, Carlos Guarisma filed a class action complaint against Hyatt Equities, alleging violation of the Fair Credit Reporting Act.
Troutman Sanders LLP
The U.S. Chamber of Commerce and other business groups have filed a federal lawsuit seeking to invalidate the Consumer Financial Protection Bureau's Rule banning class action waivers...
Carlton Fields
Lamps Plus appealed an order permitting class arbitration of claims related to a data breach of personal identifying information of its employees, alleging negligence, breach of contract, invasion of privacy, and other claims.
Day Pitney LLP
In rejecting certification of two classes due to lack of predominance, the New Jersey Supreme Court held in Dugan v. TGI Fridays, Inc. that the Truth in Consumer Contract, Warranty and Notice Act....
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Seyfarth Shaw LLP
In In Re Subway Footlong Sandwich Mktg. & Sales Practices Litig., No. 16-1652 (7th Cir. Aug. 25, 2017), the U.S. Court of Appeals for the Seventh Circuit overturned a district court's approval of a class action ...
Ogletree, Deakins, Nash, Smoak & Stewart
Here is a brief summary of other noteworthy developments in recent months:
Sheppard Mullin Richter & Hampton
Over the past two years, class actions have been filed against nearly every major retailer challenging various sales and pricing practices.
Fenwick & West LLP
The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech...
Seyfarth Shaw LLP
In light of the technological advancements of the past decade, the Illinois legislature enacted this law to protect the "biometric data" of individuals, including their fingerprints, retinal scans, and facial recognition.
Carlton Fields
Late-stage opt-outs by investors are relatively infrequent, but ANZ might invite experimentation with earlier, protective opt-outs.
BakerHostetler
Last month, Global Fitness Holdings LLC and its four managers were held in civil contempt for failure to comply with a final order approving a class action settlement.
Arnold & Porter Kaye Scholer LLP
Last month, the US District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative class action brought by beer consumers.
Fisher Phillips LLP
A federal judge in California recently gave his blessing to an $8.75 million settlement in the ongoing litigation by delivery drivers against the food courier service, Postmates.
Seyfarth Shaw LLP
A string of recent class action lawsuits regarding businesses' use of employees' biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws.
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