Michael Mallow

Michael Mallow

Loeb & Loeb LLP

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CAFA: Recent Developments on the Jurisdictional and Settlement Fronts

Since Congress enacted the Class Action Fairness Act (CAFA) in 2005, the nation’s class action litigation has increasingly migrated to the federal stage, with plaintiffs bringing more class actions directly to federal court...more

9/15/2014 - CAFA Class Action Federal Jurisdiction Jurisdiction Removal SCOTUS Settlement

Class Action Roundtable - July 2014

Executive Summary: MODERATOR: What are the implications of Daimler AG v. Bauman? How will the Court’s decision impact the ability to bring class actions against large, multi-site corporations? STEVEN ELLIS:...more

7/7/2014 - Class Action Class Certification DaimlerChrysler DaimlerChrysler v Bauman Forum Forum Selection Clause Jurisdiction Minimum Contacts SCOTUS

California Federal Court Requires Pre-Recording Notification of All Cell Phone Calls Under California Invasion of Privacy Act

A federal district court in the Northern District of California in March refused to dismiss a consumer class action against wireless telecommunications company Verizon alleging that a third-party collections agency hired by...more

4/18/2014 - Audio Recording Cell Phones Class Action Invasion of Privacy Mobile Devices Privacy Laws Telecommunications Verizon

Illinois Appellate Court Holds Insurer Liable for TCPA Class Action Settlement

Adding to the already fragmented judicial approach to insurance coverage for Telephone Consumer Protection Act claims, an Illinois appellate court has held that an insurance company is responsible for covering a $1.7 million...more

2/7/2014 - Class Action Insurers Settlement TCPA

FDA Refusal to Define "Natural" Leaves Food Manufacturers at Risk for More and Costlier Class Action Litigation and Looking for...

The U.S. Food and Drug Administration this month declined to weigh in on the issue of whether food products containing genetically modified ingredients can be labeled as "natural," refusing the request of three federal judges...more

2/3/2014 - Class Action FDA Food Labeling Food Manufacturers Food Safety GMO

Hold the Phone: Dramatic Increase in California "Illegal Recording" Class Actions

We have recently observed a dramatic uptick in California consumer class actions alleging that businesses have illegally recorded telephone conversations between consumers and customer service, telemarketing and/or...more

8/13/2013 - Audio Recording Cell Phones Class Action Fourth Amendment Right to Privacy Tape Recordings

Supreme Court Enforces Arbitration Provision Barring Merchants From Bringing Class Action Antitrust Claims Against American...

The United States Supreme Court has issued a divided (5-3) decision in American Express Co. v. Italian Colors Restaurant, reaffirming the Court’s long-standing inclination to enforce contractual arbitration agreements....more

7/2/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS Sherman Act The Clayton Act

High Court Rules Pre-Certification Damages Stipulation Cannot Defeat Federal Jurisdiction Arising Under the Class Action Fairness...

In a much-anticipated ruling that could significantly restrict the efforts of class action plaintiffs and their lawyers to avoid litigating in federal court, the United States Supreme Court unanimously ruled that a named...more

3/27/2013 - Amount in Controversy CAFA Class Action Class Certification Damages Jurisdiction SCOTUS

The Ninth Circuit Amends TCPA Opinion in Meyer v. Portfolio Recovery Associates and Provides Relief to Debt Collection Industry

The U.S. Court of Appeals for the Ninth Circuit has amended a recent decision in which it suggested that prior express consent under the Telephone Consumer Protection Act (TCPA) for telephone calls made to mobile phones for...more

1/23/2013 - Class Action Class Certification Consent Creditors Debt Collectors FCC Preliminary Injunctions TCPA

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