Rex Heinke

Rex Heinke

Akin Gump Strauss Hauer & Feld LLP

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Guidance on Deceptive Advertising Claims from 9th Circuit

Key Points - - The U.S. Court of Appeals for the 9th Circuit found that Dole’s “All Natural” food labels on products containing synthetic ingredients could be misleading to a reasonable consumer. - The 9th...more

10/7/2016 - Calculation of Damages Dole Food False Advertising Food Labeling Injunctive Relief Natural Products Putative Class Actions Remand Rule 23(b)(3) Unfair Competition

2nd Circuit Affirms Decertification of Class After Jury Verdict

Key Points - The U.S. Court of Appeals for the 2nd Circuit recently held that district courts have the power to decertify a class even after a jury verdict in favor of the class...more

7/22/2016 - Abuse of Discretion Class Certification Corporate Counsel Decertify Federal Rules of Civil Procedure Late Fees Loan Servicer Mortgages Privity of Contract Rule 23 The Money Store

Summary and Significance of the Supreme Court’s Decision in Escobar

On June 16, 2016, Justice Thomas, writing for a unanimous Court in Universal Health Services, Inc. v. United States ex rel. Escobar,examined the circumstances under which an “implied false certification” can trigger liability...more

6/20/2016 - False Claims Act (FCA) False Implied Certification Theory Federal Contractors Implied Certification Materiality SCOTUS Universal Health Services Inc v United States ex rel Escobar

Spokeo v. Robins: Statutory Violation Does Not Automatically Create a Case or Controversy Under Article III

Earlier this week, the Supreme Court issued its highly anticipated decision in Spokeo v. Robins (see our previous posts on the case and oral argument). The United States Supreme Court held that a plaintiff must show that an...more

5/19/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages

9th Circuit Approves Neutral Rounding of Time

If you read one thing... - In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, the Ninth Circuit held that both federal and California law permit employer to round employees’ time punches to the...more

5/5/2016 - Corporate Counsel Employment Policies Rounding Time Cards Time Warner Wage and Hour

Split 8th Circuit Rejects Class Certification in 10b-5 Case

In IBEW Local 98 Pension Fund v. Best Buy Co. Inc., Plaintiffs alleged that misleading statements by Best Buy officers made during a phone call with stock analysts artificially supported Best Buy’s stock prices until a report...more

4/29/2016 - Best Buy Class Action Material Misstatements Pension Funds Rule 10b-5

Tyson Foods v. Bouaphakeo: SCOTUS Says Statistics Okay in Class Actions – Sometimes

If you read one thing... - SCOTUS declines to adopt broad or categorical rules governing use of representative evidence in class actions, holding instead that the use of such evidence will depend on the purpose for...more

4/1/2016 - Class Certification Class Representatives SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Wal-Mart

Second Circuit Upholds Sanofi Dismissal Despite Omnicare

In its first published opinion applying the Supreme Court’s landmark ruling in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S. Ct. 1318 (2015), the 2nd Circuit has offered relief to...more

3/11/2016 - Corporate Counsel Material Misstatements Omnicare v Laborers District Council Pharmaceutical Industry Popular Registration Statement SCOTUS Securities Exchange Act

Supreme Court Rules Settlement Offer Cannot Moot Class Actions

On January 20, 2016, the United States Supreme Court held, in Campbell Ewald Company v. Gomez, that a plaintiff who receives a settlement offer of complete relief from a defendant still has a viable legal claim, because a...more

1/22/2016 - Campbell Ewald v Gomez Class Action Mootness Rule 68 Sovereign Immunity TCPA U.S. Navy

DIRECTV v. Imburgia: Supreme Court Again Preempts State Law That Barred Waiver of Classwide Arbitration

On December 14, 2015, the United States Supreme Court considered a contract provision preventing classwide arbitration and providing that, “[i]f the law of your state would find this agreement to dispense with class...more

12/16/2015 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers DirectTV Federal Arbitration Act SCOTUS

2nd Circuit Vacates Plaintiffs’ Partial Summary Judgment and Class Certification in Intern Cases

Last week, in two closely watched cases, the U.S. Court of Appeals for the 2nd Circuit vacated a 2013 district court decision that: (i) found individuals working on the film Black Swan to be improperly classified as...more

7/8/2015

California Supreme Court Upholds Class Waivers In Employee Arbitration Agreements, But Not Waivers Of Representative Claims Under...

Yesterday, the California Supreme Court, in Iskanian v. CLS Transportation Los Angeles, LLC (Case No. S204032), upheld a class action waiver in an arbitration agreement between an employee and his employer. The Supreme Court...more

6/25/2014 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Gentry Iskanian SCOTUS

Supreme Court Copyright Decision Determines When Laches Applies

On May 19, 2014, in a six-to-three decision written by Justice Ginsburg, the U.S. Supreme Court held that the doctrine of laches did not bar either legal or equitable relief in a copyright case that was brought within the...more

5/27/2014 - Copyright Copyright Infringement Equitable Relief Laches MGM Petrella v. MGM SCOTUS Statute of Limitations

The Ninth Circuit Rules Employer’s Arbitration Agreement Unenforceable Under California Law And Cautions Employers To Ensure...

Today, the Ninth Circuit, in Chavarria v. Ralphs Grocery Company (Case No. 11-56673), issued a decision affirming the denial of Ralphs Grocery Company’s motion to compel arbitration in an action by an employee asserting...more

10/29/2013 - Arbitration Arbitration Agreements Employment Contract Unconscionable Contracts Void and Unenforceable

Supreme Court Upholds American Express’s Class Arbitration Waiver

On June 20, 2013, the Supreme Court ruled for American Express in a closely watched class action case. In American Express v. Italian Colors Restaurant (No. 12-133), the Court ruled on a 5-3 vote (with Justice Sotomayor...more

6/24/2013 - American Express Arbitration Agreements Class Action Arbitration Waivers Class Arbitration Federal Arbitration Act SCOTUS

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