Michael Wolgin on Putative Class Actions

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...more

1/11/2024 / Employee Benefits , Employee Retirement Income Security Act (ERISA) , Insurance Industry , Investment Funds , Life Insurance , Proposed Rules , Putative Class Actions , Retirement Plan , Securities and Exchange Commission (SEC) , Securities Traders , Whistleblowers

Ninth Circuit Finds That Party Was A Third-Party Beneficiary Of Arbitration Agreement, And Affirms Order Compelling Arbitration Of...

Three delivery drivers sued a transportation broker for failure to pay overtime and minimum wages, failure to provide rest and meal breaks, failure to timely pay wages upon termination, and willful refusal to pay wages on...more

12/27/2018 / Arbitration , Arbitration Agreements , Contract Terms , Employer Liability Issues , Employment Litigation , Failure To Pay , Motion to Compel , Putative Class Actions , Third-Party Beneficiaries , Wage and Hour

Putative Class Action Involving A Patented Reinsurance Arrangement For Workers’ Compensation Coverage Largely Survives Dismissal

The case is pending in a federal district court in New York, and involves three allegedly interconnected contracts purportedly “designed to circumvent [state] insurance laws,” including the laws of New York. ...more

4/25/2017 / Contract Terms , Insurance Industry , Putative Class Actions , Reinsurance , Workers Compensation Awards

Court Upholds Prior Ruling That Unfiled Rates Charged Under Reinsurance Agreement Were Not Void

On July 21, 2016, we reported on a putative class action filed in a California U.S. district court by Shasta Linen Company against Applied Underwriters, Inc. and its affiliate entities, alleging that the “EquityComp” workers’...more

12/1/2016 / Insurance Industry , Insurance Litigation , Putative Class Actions , Reinsurance , Reinsurance Agreements

Ninth Circuit Affirms Order Compelling Arbitration Of Putative Class Action, Despite Litigation Forum Selection Clause In Related...

Two purported class representatives appealed an order compelling arbitration in their putative class action lawsuit against Amazon Services, LLC. The court affirmed, holding that the named plaintiffs agreed to Amazon’s...more

11/10/2016 / Appeals , Arbitration , Forum Selection , Motion to Compel , Participation Agreements , Putative Class Actions

Incorporation Of AAA Rules “Clearly And Unmistakably” Delegates Questions Of Arbitrability To Arbitrator

In a putative class action for denial of employment benefits brought by security contractors against their hiring firm, Blackwater Security Consulting, the court found that the governing agreements delegated the issue of...more

5/13/2015 / American Arbitration Association , Arbitration Agreements , AT&T Mobility v Concepcion , Blackwater , Contract Terms , Employee Benefits , Federal Arbitration Act , Federal Contractors , Putative Class Actions

Court Applies Concepcion And Compels Arbitration, Rejecting Claim That Agreement Precluded “Effective Vindication Of State...

In a putative class action alleging violation of Pennsylvania labor laws, unfair trade practices, and other state law claims brought by a franchisee against the franchisor and two subsidiaries, the court stayed the...more

3/31/2015 / Arbitration , Class Action Arbitration Waivers , Fee-Shifting , Franchise Agreements , Franchises , Putative Class Actions , Unfair Labor Practices , Unfair or Deceptive Trade Practices

Class Action Alleging Mortgage Kickback Captive Reinsurance Survives Dismissal Pending Discovery On Tolling Of Limitations

A court denied dismissal of a putative class action involving claims against Suntrust Bank subsidiaries and a captive reinsurer for an alleged illegal kickback scheme arising out of captive reinsurance covering Suntrust’s...more

8/21/2014 / Banks , Captive Insurance Company , Kickbacks , Putative Class Actions , Reinsurance , RESPA , Subsidiaries , SunTrust , Tolling , Unfair Trade Practices Act

Claims Against Loan Servicer And Force-Placed Insurer Alleging Commission And Reinsurance Kickback Scheme Survive Dismissal

A putative class action involving force-placed home insurance and an alleged scheme for mortgage lenders to obtain kickbacks in the form of commissions, reinsurance premium, and other fees, has survived a motion to dismiss. ...more

5/22/2014 / Broker Commissions , Force-Placed Insurance , Homeowner's Insurance , Kickbacks , Loan Servicer , Motion to Dismiss , Putative Class Actions , Reinsurance

Michael Wolgin

Carlton Fields

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