Julian Perlman

BakerHostetler

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The Latest on the Use of Retained Asset Accounts to Pay Life Insurance Benefits

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

7/22/2014 - Class Action Corporate Counsel ERISA Fiduciary Duty Insurers Life Insurance Money Judgment Popular Retained Asset Accounts Reversal Self-Dealing

Court Certifies TILA Class Action Lead by Familiar Plaintiff/Counsel Team

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). ...more

11/15/2013 - Banks Class Action Rule 23 TILA

California Rejects a Class that Includes Uninjured Class Members

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

11/1/2013 - Class Action Class Certification Settlement

A Class Action By Any Other Name Is Still a Class Action….

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

10/28/2013 - CAFA Class Action Faxes TCPA Unsolicited Faxes

Google is No Cookie Monster, says Delaware Federal Court

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

10/16/2013 - Advertising Clapper v. Amnesty International Class Action Computer Fraud and Abuse Act Cookies Google Internet Invasion of Privacy Personally Identifiable Information Putative Class Actions SCOTUS Stored Communications Act Unfair Competition Wiretapping

Wal-Mart Prevails in Credit Card Class Battle Over Practice of Collecting Addresses and Phone Numbers

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

10/9/2013 - Class Action Class Certification Data Collection FRCP 23(b)(3) Wal-Mart

New Jersey Judge Certifies TCPA Junk Fax Class

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

10/4/2013 - Class Action Class Certification TCPA Unsolicited Faxes

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

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

9/30/2013 - Ballot Measures Data Collection Opt-In Personally Identifiable Information

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