In Merrimon v. Unum Life Insurance Co. of America, 2014 WL 2960024 (1st Cir. July 2, 2014), the U.S. Court of Appeals for the First Circuit became the third circuit court to approve an insurance company’s use of a retained...more
A New York Federal court has certified a class action against Ann Taylor LOFT for violations of the Truth in Lending Act (see Opinion & Order in Kelen v. World Financial Network National Bank, Case No. 12-CIV-5024).
A California federal court has rejected a proposed settlement to a class action over alleged material omissions in Option Adjustable Rate Mortgage Loan documentation (Order Denying Plaintiffs’ Motion for Preliminary...more
In a case with interesting implications for class action practitioners, the Seventh Circuit recently ruled against plaintiff Addison Automatics (Addison) in its attempt to dodge federal court jurisdiction (see Addison...more
In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more
In a victory for Wal-Mart Stores, Inc., a federal district court judge has refused to certify a Rule 23(b)(3) class in a lawsuit for violation of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747 et...more
In a significant decision for companies that engage in electronic marketing, a New Jersey federal judge certified a 23(b)(3) class claiming violations of the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. §...more
California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to...more