Searching Content indexed under Class Actions by Foley & Lardner ordered by Published Date Descending.
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NLRB Holds That Employers May Modify Arbitration Agreements, Threaten Workers To Sign After Commencement Of Class Action Lawsuit
As we have previously written, the issue of employment arbitration agreements and their effect on class action matters has been an area of significant evolution over the years.
United States
28 Aug 2019
Opioid MDL Judge Considers Request To Certify Unprecedented Nationwide Class Of Government Entities To Negotiate Settlement
While drug manufacturers have declined to take a position on the local government plaintiffs' motion for class certification, drug distributors have opposed plaintiffs' motion.
United States
23 Aug 2019
First Published Wisconsin Appellate Opinion Applying New Class Action Rule
In 2017, the Wisconsin Supreme Court adopted a new class action rule, modeled after Fed. R. Civ. P. 23, with the avowed purpose of aligning state class-action practice with the federal practice and encouraging resort...
United States
22 Aug 2019
Real Estate Industry Facing Threat Of New TCPA Class Actions
Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act ("TCPA")
United States
9 Aug 2019
En Banc Ninth Circuit Clarifies That Settlement Classes Are Not Held To Same Standard As Litigated Classes
Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result.
United States
21 Jun 2019
Facing A Class Action Complaint As A Third-Party Defendant? Time To Get Comfortable In State Court
From the class action defense perspective, companies and counsel alike are almost always looking for an angle to move a state-filed putative class action to the more rigorous environment of the federal courts.
United States
19 Jun 2019
Supreme Court Sidesteps Class Settlement Issue to Remand, Questioning Article III Standing Under Spokeo
On March 20, 2019, in Frank v. Gaos, 586 U.S. ___ (2019), the United States Supreme Court sidestepped a novel question regarding a cy pres class action settlement,
United States
3 May 2019
Courts Solidify Reach Of China Agritech
Circuit courts of appeal are solidifying the reach of the Supreme Court's June 2018 decision in China Agritech v. Resh[1] and curtailing the availability of equitable tolling in class contexts.
United States
29 Mar 2019
Don't Delay Rule 23(f) Appeal
In Nutraceutical Corporation v. Lambert, No. 17-1094, 586 U.S. __ (Feb. 26, 2019), the United States Supreme Court once again endorsed the old adage,
United States
8 Mar 2019
United States
19 Feb 2019
Class Action Waivers: Silence May NOT Be Golden
Since when does silence in a contract speak louder than words
United States
11 Feb 2019
Biometric Privacy: Illinois Supreme Court Decision Allows Claims To Proceed Without Showing Of Actual Harm
On January 25, 2019, the Illinois Supreme Court handed down a key ruling that will make it significantly easier for consumers and workers to sue and recover damages for mere non-compliance with the requirements of...
United States
8 Feb 2019
RESPA Class Action Case Cannot Survive Scrutiny Under Spokeo Or Menominee
On December 7, 2018, a federal court in Maryland issued an important ruling in a Real Estate Settlement Procedures Act ("RESPA") case[1] ("Baehr"), granting a defense motion for summary judgment.
United States
11 Jan 2019
Are Independent Contractor Classifications Becoming "Safer"? In A Word – No.
As we will describe in this and its companion article, if you are an employer viewing such classifications optimistically in light of some recent legal developments, you should do so fully aware of the attendant perils.
United States
10 Oct 2018
Defendant Communications With Members Of A Class Action Suit: Toeing The Line
As the saying goes: "Everything in moderation— especially communications from defendant employers to putative members of a class action suit."
United States
5 Oct 2018
SCOTUS Keeps Door Open For Federal-Law, State-Court Securities Class Actions. Where Does This Leave Katz?
In Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439 (Mar. 20, 2018), the Supreme Court recently held that certain federal securities-law claims could proceed in state courts...
United States
3 Oct 2018
Eleventh Circuit Creates Circuit Split As To Who Decides Whether An Arbitration Agreement Permits Class Arbitration
As the U.S. Supreme Court observed memorably in First Options of Chicago, Inc. v. Kaplan
United States
20 Sep 2018
False Food Advertising Claims Require Plausibility, Not Possibility
Earlier this year, in "Is the "Food Court Closing," we reported indications of a change in the leanings of federal courts in California when viewing class action false advertising allegations regarding food ...
United States
13 Sep 2018
Court Rules Drivers Lack Standing To Pursue Claims Against Uber Because Data Breach Did Not Include Drivers' Social Security Numbers
California companies housing their drivers' personal information may feel less exposed to liability in light of the Northern District of California's holding in Antman v. Uber Technologies, Inc. in May.
United States
7 Aug 2018
Supreme Court Extends Class Action Waivers To Employee/Employer Contracts
The Supreme Court yesterday extended its arbitration-friendly precedent holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (NLRA) ...
United States
24 May 2018
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