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Searching Content indexed under Class Actions by Lewis Brisbois Bisgaard & Smith LLP ordered by Published Date Descending.
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New Prime v. Oliveira: Independent Contractor Truck Drivers Exempt From Arbitration Under The FAA
In an 8-0 opinion, the Supreme Court ruled that New Prime, a Springfield, Missouri-based interstate trucking company cannot force its drivers to settle disputes through arbitration.
United States
1 Apr 2019
2
General Liability Coverage For The Explosion Of Class Actions Under The Illinois BIPA Proliferation
The Illinois Biometric Information Privacy Act (BIPA, or "the Act") was enacted in 2008 to regulate the collection and storage of biometric information by private entities.
United States
28 Mar 2019
3
Illinois Supreme Court Issues Major BIPA Decision In Blow To Employers
In a unanimous decision issued January 25, 2019, the Illinois Supreme Court held in Rosenbach v. Six Flags Entertainment Corporation, et al., 2019 Ill. LEXIS 7...
United States
31 Jan 2019
4
Professional Liability Newsletter - Holiday Edition, Fall 2018
Oh, the weather outside is frightful, But the fire is so delightful, And since we've no place to go, Let it snow, let it snow, let it snow!
United States
30 Nov 2018
5
California Appellate Court Expands The Scope Of The California Private Attorneys General Act
Notwithstanding the recent limitations on class action lawsuits nationwide, California courts continue to expand the scope of representative actions brought under Private Attorneys General Act (PAGA).
United States
5 Jun 2018
6
U.S. Supreme Court Approves Use Of Class Action Waivers In Employment Arbitration Agreements
The enforceability of class action waivers in employment arbitration agreements is one of the most hotly contested wage and hour issues of this decade.
United States
23 May 2018
7
Kansas Public Speech Protection Act
In 2016, and with very little fanfare, the Kansas Legislature enacted the Kansas Public Speech Protection Act ("KPSPA").
United States
28 Feb 2018
8
Supreme Court Won't Reconsider Standing Principles From Spokeo
On January 22, 2018, the United States Supreme Court denied a petition for writ of certiorari that requested review of the court's May 2016 ruling in Spokeo, Inc. v. Robins.
United States
7 Feb 2018
9
Laymon V. J. Rockcliff, Inc. – An Arbitration Clause Reminder
"California has a strong public policy in favor of arbitration," and therefore, courts generally enforce arbitration clauses unless it is clear that the language of the clause does not cover the asserted dispute.
United States
19 Jul 2017
10
Motion To Compel Arbitration Should Be Decided Before Conditional Certification Of An FLSA Collective Action
Companies and other business entities often use arbitration agreements to protect themselves from class action liability.
United States
3 Jan 2017
11
Res Judicata Applied To FLSA Plaintiffs Based On Prior Opt-Out Class Action Settlement
On October 14, 2016, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment dismissal of FLSA claims
United States
3 Jan 2017
12
Challenging Whether Plaintiffs Pled Viable State Law Claims May Be An Effective Strategy In Defending Consumer Data Breach Class Action Litigation Even Where Plaintiffs Can Meet Federal Article III Standing Requirements
Last year, and earlier this year, a hot topic in data breach consumer class action litigation in federal court was whether plaintiffs could demonstrate Article III standing.
United States
10 Nov 2016
13
Supreme Court May Clarify Conspiracy Standard In Antitrust Class Action
This term the U.S. Supreme Court will hear arguments in the consolidated cases of Visa Inc. v. Osborn and Visa Inc. v. Stoumbous and will consider whether ATM fee rules adopted by joint ventures...
United States
10 Nov 2016
14
District Court Puts A Stop To The Importation Of Products Liability Design Defect Principles Into The Consumer Fraud Context
On September 30 2016, Central District Court Judge André Birotte Jr. dismissed five related consumer fraud class actions against six automotive manufacturers.
United States
9 Nov 2016
15
All-Natural Class Action Suit In New York Federal Court Is Placed On Hold
Multiple consumer class actions have been filed around the country involving the labeling of food products as "natural" or "all-natural."
United States
5 Oct 2016
16
Update On Talc Litigation: "Made-For-Litigation" Testimony Of Plaintiffs' Experts Barred, Resulting In Dismissals
In our August 1, 2016 newsletter, we reported on "Talc and The Possible Link to Cancer," which profiled two recent multi-million dollar verdicts against Johnson & Johnson...
United States
5 Oct 2016
17
A Strategy For Defeating Class Certification In Fair Debt Collection Practices Act Putative Class Actions
Because not all obligations to pay are considered debts under the FDCPA, a threshold issue in a suit brought under the FDCPA is whether or not the dispute involves a "debt" within the meaning of the statute.
United States
5 Oct 2016
18
Court Rules That Website Did not Bind Consumers To Arbitrate Their Claims
The Second Circuit ruled that a consumer class action lawsuit against Amazon.com brought under the CPSA arising from the sale of a diet pill would be allowed to proceed in the federal court...
United States
5 Oct 2016
19
When $100 Million Just Isn't Enough – Court Rejects Uber's Proposed $100 Million Class Action Settlement As Not Fair, Adequate And Reasonable
District Court Judge Edward M. Chen denied plaintiffs' motion for preliminary approval of a proposed class action settlement.
United States
21 Sep 2016
20
9th Circuit Rules Mandatory Class Action Waivers Are Illegal In Morris, Et Al. v. Ernst & Young LLP, Et Al
The 9th Circuit Court of Appeals, in a 2-1 decision, struck down an arbitration clause in an employment agreement that barred workers from pursuing class action claims
United States
6 Sep 2016
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