The Seventh Circuit has ruled that TransUnion didn't give a putative class of website visitors proper notice of a signed arbitration agreement, leaving the credit reporting agency to face in-court accusations that it deceived customers into purchasing inflated, worthless credit scores.
A federal judge in New York on Monday allowed a putative class action alleging a host of banks manipulated an interest rate derivative benchmark to move forward.
The U.S. Supreme Court on Monday said it wouldn’t hear Procter & Gamble’s case questioning whether an Ohio federal judge properly granted certification to a class of consumers alleging the company's Align probiotic supplements are ineffective "snake oil."
A California federal judge on Monday denied a bid by fans, who were swept into multidistrict litigation over DirecTV’s NFL Sunday Ticket package, to get their case sent back to state court, finding that their claims turned on a federal question: Did DirecTV have a monopoly?
A federal judge on Thursday granted a Florida strip club's motion to compel arbitration in a Fair Labor Standards Act suit brought by several entertainers, finding their objections to agreements they signed unpersuasive or incorrect.
The Seventh Circuit on Friday approved the $10.2 million settlement that ended class action claims that certain Unilever PLC hair products melted users’ hair and made it fall out, nixing a myriad of objections raised by one class member, including one regarding attorneys’ fees.
A California federal judge on Thursday questioned the fairness of Lyft Inc.'s proposed $12.25 million class action settlement with its California drivers resolving their employee classification suit, based on concerns that explosive recent growth for the ride-hailing app has significantly cut into per-driver reimbursement.
A New York appeals court has affirmed a $5 million arbitration award to a former Sanford Heisler LLP attorney who accused the firm and name partners of booting him without paying out his alleged $25 million or more interest in the partnership.
The Ohio Supreme Court partially affirmed that a lower appeals court rightly restored a $25 million class action alleging that Fannie Mae failed to properly file documents showing mortgagors had fully paid off their loan debt, but found homeowners can’t collect a $250 payment yet.
An Illinois appeals court on Wednesday upheld a $23 million class-action settlement resolving claims a former MetLife salesman sent out adverting fax-blasts in violation of federal "do not call" laws, rejecting objections that the fund and the attorneys' fees were too high.
The Eighth Circuit on Thursday upheld an Arkansas federal judge’s finding that the former attorneys for a putative class of landowners in an oil and gas royalty suit with Chesapeake Energy Co. weren’t entitled to a lien on any potential recovery by the proposed class.
A Pennsylvania federal judge on Thursday granted class certification to a group accusing Heffler Radetich & Saitta LLP of failing to stop an employee from stealing $5.9 million from a $490 million settlement fund it has overseen related to litigation over Bank of America Corp.'s 1998 merger with NationsBank Corp.
A New Jersey federal judge Thursday dismissed an amended putative class action accusing Merck and other drug companies of boosting eye drop sales through bottles that dispensed higher-than-necessary doses, saying the plaintiffs still hadn’t established they were harmed by the drops they claimed were wasted.
The Ninth Circuit on Thursday revived a proposed class action by customers alleging Greek yogurt maker Chobani misled consumers by using the terms "natural" and "evaporated cane juice," and ruled the dispute should be put on hold while the U.S. Food and Drug Administration mulls the definitions of those terms.
Two Borgata Hotel Casino & Spa patrons asked a New Jersey federal court Thursday to preliminarily approve a settlement worth at least $580,000, resolving their class allegations that the casino misled loyalty program customers about the terms of “unlimited free parking” vouchers.
Controversial efforts by whistleblowers and the U.S. Department of Justice to prove False Claims Act violations with statistical sampling got a helping hand this week, when the U.S. Supreme Court endorsed sampling to prove liability in employee class actions, attorneys say.
A New Jersey state appeals court on Thursday overturned the certification of a class of restaurant patrons who allege that TGI Friday’s violated consumer protection laws by failing to disclose beverage prices on its menus, finding there were too many individual issues to make the claims common.
An attorney claiming she aided an $8.5 million deal ending multidistrict litigation between consumers and Groupon Inc. over short-dated online vouchers was denied fees for her efforts Wednesday by a California federal judge who concluded she had no impact on the settlement's size.
One week after the Florida Supreme Court expanded punitive damages for Engle progeny plaintiffs, tobacco companies were dealt another blow Thursday as the court ruled that a smoker did not need an official diagnosis before the cutoff date for membership in the original Engle class.
A Texas federal court handed a quick win Wednesday to a class of trainers claiming Gold’s Gym unfairly denied them overtime, ruling their pay did not comprise “bona fide commissions” under the Fair Labor Standards Act according to the court’s new five-prong test.
What happens if a class representative accepts a precertification Rule 68 offer that resolves that individual’s claims? As the U.S. Supreme Court has yet to address this precise issue, a class representative’s continued standing after resolving his individual claims thus depends on the terms of the Rule 68 offer, say Cary Sullivan and Meredith Williams at Jones Day.
Conflicting incentives regarding the design of class action notices can result in programs that only provide the appearance of adequacy. When evaluating digital notice programs, lawyers and judges should look for indicators that show the program is designed to engage class members, say Richard Simmons and Christian Clapp at Analytics Consulting LLC.
AT&T Mobility v. Concepcion was a closely divided U.S. Supreme Court case with a decision from which four justices dissented. The death of Justice Antonin Scalia thus creates a situation in which the Supreme Court may re-examine Concepcion, at least as it applies to employment agreements, and restrict the now-routine use of class action waivers, says Gordon Renneisen, a principal at Cornerstone Law Group.
At this “mid-level” stage in your career, you are either a contract/non-equity partner or an equity owner in your firm. In either instance, as your disposable income continues to grow, it is critically important to have, at the very least, a fundamental understanding of the often complex issues pertaining to the proper allocation of your investable assets, says investment adviser and recovering attorney Stuart Riemer.
Depending on the situation, there are several different approaches to dealing with Fair Labor Standards Act claims and potential violations, each of which have their own important considerations. Jeffrey Ruzal and Brian Steinbach at Epstein Becker & Green PC offer practical tips for addressing such issues to reduce liability and costly litigation expenses.
The Tenth Circuit's decision to uphold an Oklahoma district court's ruling in Reece v. AES Corp. demonstrates the need for plaintiffs bringing environmental tort claims to show more specific allegations of injury, which may deter the filing of claims for “concern about a future injury” at the outset, and will likely increase plaintiffs’ litigation costs by requiring expert testimony, say attorneys at Mayer Brown LLP.
Some have suggested an increased availability of class actions in construction product defect cases, but a closer look at the data reveals not so much a trend — class action certification today is still granted only sparingly — but an evolution to a new jumping off point for possible expansion of class action use, says Stephen Wright, a partner at Taylor English Duma LLP.
Certain “best practices” exist for the vast majority of motions briefs that a lawyer will file. But often, these advocacy techniques are overlooked — by young and experienced litigators alike. In part 2 of this series, Ballard Spahr LLP partner Scott Himes examines the argument and conclusion sections of the brief, and also suggests tips for effective opposition and reply briefs.
Like they have for more than a decade, private plaintiffs and other advocacy organizations continue to pursue novel legal theories in new fora to try to force aggressive steps to address climate change outside the political process. Cases like Urgenda in the Netherlands appear to have encouraged this new wave of claims — though it is unclear if this is an outlier or the start of a new trend, say Peter Seley and Richard Dudley of Gi... (continued)
Brief writing is assuredly more art than science. Equally able lawyers prepare briefs differently. No one size fits all, and there can be exceptions to the norm for a particular motion. But certain “best practices” exist for the vast majority of motions briefs that a lawyer will file. Often, these advocacy techniques are overlooked — by young and experienced litigators alike, says Scott Himes of Ballard Spahr LLP.