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Searching Content indexed under Class Actions by Proskauer Rose LLP ordered by Published Date Descending.
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1
District Court Denies Motion To Dismiss Mental Health Parity Act Putative Class Action
In the latest volley between participants and group health plans over mental health services coverage, a federal district court in California denied United Healthcare's motion to dismiss a putative class action ...
United States
15 Aug 2019
2
Finding Article III Standing, Ninth Circuit Declines To Do An About-Face In Illinois Biometric Privacy Class Action Against Facebook
In an important opinion, the Ninth Circuit affirmed a lower court's ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that the class was properly certified.
United States
13 Aug 2019
3
Court Lets Trader Joe's Out Of Sticky Situation Over Honey Advertising
A magistrate judge in the Northern District of California recently dismissed a putative class action alleging that Trader Joe's misled its consumers about the purity of its manuka honey.
United States
2 Aug 2019
4
En Banc Ninth Circuit Reinstates And Clarifies Standard For Nationwide Class Action Settlement
Last month, the Ninth Circuit sitting en banc affirmed, by an 8–3 vote, a nationwide class settlement of a multidistrict litigation against automakers Kia and Hyundai over alleged misrepresentations...
United States
24 Jul 2019
5
Second Circuit Compels Individual Arbitration Of Putative Class FLSA And State Labor Law Claims
On July 2, 2019, a three-judge panel of the Second Circuit reversed the lower court's denial of a motion to compel individual arbitration of a putative class action suit brought under the Fair Labor
United States
19 Jul 2019
6
Three Point Shot - June 2019
For those of us of a certain age, the song "Super Bowl Shuffle" and associated music video, which featured members of the championship
United States
16 Jul 2019
7
Attacking Class Certification On A Motion To Dismiss? A Recent Decision Says There Is A Way
Antitrust class action counsel are in the business of extracting cash from defendants in the form of settlements that are, in effect, a tax on every transaction in the market covered by the case.
United States
11 Jul 2019
8
New California Court Decisions Showcase Robust CDA Immunity
Three recent court decisions reaffirm the expansive immunity awarded to online providers that host third-party content under Section 230 of the Communications Decency Act
United States
11 Jul 2019
9
For The First Circuit, Transaction Costs In Structured Settlements Are Not Fraud
Liability insurers charge premiums in exchange for an agreement to cover certain claims against their policyholders.
United States
8 Jul 2019
10
How Do Individualized Issues Impact A Class Action Settlement?
The Ninth Circuit went a long way towards answering that question in an en banc decision last week.
United States
24 Jun 2019
11
Supreme Court Limits Removal Of Class-Action Counterclaims
On May 28, the Supreme Court decided Home Depot U.S.A. v. Jackson, 17-1471 (2019), ruling 5–4 that third-party counterclaim defendants
United States
18 Jun 2019
12
U. S. Supreme Court Holds That Third-Party Defendants To Counterclaims Cannot Remove Class Actions To Federal Court
In a 5-4 decision in Home Depot U.S.A. Inc., v. Jackson, 587 U.S. __ (2019), the United States Supreme Court held that a third-party counterclaim defendant does not qualify as a "defendant"
United States
11 Jun 2019
13
Suit Over Use Of American Heart Association Certification Mark Maintains A Pulse
Is it deceptive to label food products with the mark of the American Heart Association ("AHA") without disclosing that the AHA was paid for use of its certification mark?
United States
4 Jun 2019
14
Northern District Of New York Denies Class Certification And Decertifies Collective, Confirming Common Answers Not Common Questions Are Required
On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and predominance under Fed. R. Civ. P. 23
United States
20 May 2019
15
United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement
In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act ("FAA") precludes a court from compelling class arbitration
United States
10 May 2019
16
A Radical Change To Ratification: Key Takeaways From Henderson v. United Student Aid Funds, Inc.
On Friday, March 22, a split panel of the Ninth Circuit Court of Appeals found that a company with no direct contractual relationship with independent contractors could be found vicariously liable
United States
7 May 2019
17
Ninth Circuit Denies Review Of Class Certification In Beer Labeling Brouhaha
In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing's request for leave to appeal a grant of class certification to a consumer class.
United States
1 May 2019
18
Massachusetts SJC Weighs In On Wage Act Class Actions And Offers Of Judgment
On Friday April 12, 2019, the Massachusetts Supreme Judicial Court confirmed that plaintiffs seeking to bring class actions asserting Massachusetts Wage Act violations must meet the certification standards set...
United States
30 Apr 2019
19
Ninth Circuit Sends Brain-Booster Claim Case Back To District Court
After Ninth Circuit review, it remains to be seen whether a nutritional supplement maker can claim that ginkgo biloba leaf extract and vinpocetine supplements improve "alertness," "mental clarity, and memory" ...
United States
26 Apr 2019
20
ERISA Newsletter
We often talk about the importance of evaluating whether there are any procedural obstacles to plaintiffs pursuing their ERISA claims, particularly in complex,
United States
12 Apr 2019
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