Ronald Wick

Ronald Wick

Cozen O'Connor

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Latest Publications


When Plaintiffs Fail to Plead the “Local Controversy” Exception to CAFA

A narrow exception to CAFA’s broad removal provisions is the “local controversy” exception, which prohibits removal in certain cases where the dispute is deemed sufficiently contained within the forum state that the interests...more

7/16/2015 - CAFA Class Action Federal Jurisdiction Local Controversy Exception Removal

CAFA Removal: A Second Bite at the Apple?

Until a couple of years ago, plaintiffs’ attorneys seeking to keep their class actions in state court would frequently stipulate that they would not seek damages in excess of the $5 million CAFA threshold. This practice fell...more

5/4/2015 - Amount in Controversy Ascertainable Class CAFA Class Action Employer Liability Issues Federal Jurisdiction Wage and Hour

CAFA Removal Jurisdiction: Using a Plaintiff’s Complaint Against It

Most cases involving the existence of removal jurisdiction under CAFA involve the $5 million amount in controversy. In a recent Third Circuit opinion, determining whether or not the putative class had the requisite 100...more

1/23/2015 - Amount in Controversy CAFA Class Action Common Carriers Jurisdiction Putative Class Actions Travelers Property Casualty Co.

“Buying Your Peace” in a Class Action Settlement

For defense attorneys negotiating class action settlements, a major consideration is ensuring that their client has indeed “bought its peace”—and won’t be facing follow-on litigation from plaintiffs who may not be bound by...more

11/26/2014 - CAFA Civil Monetary Penalty Class Action Injunctive Relief Settlement Negotiations

Judge Posner’s Scathing Critique of a Proposed Coupon Settlement

The topic of potential self-dealing in class action settlements has been written about extensively. While class counsel may be fully aligned with the class in seeking to maximize the settlement, their interests diverge...more

11/6/2014 - Attorney's Fees Class Action FACTA RadioShack Richard Posner Settlement

Third Circuit: Courts, Not Arbitrators, Decide Whether to Require Classwide Arbitration

Recent Supreme Court precedent has clearly reinforced the validity of contractual class action/arbitration waivers. In AT&T Mobility v. Concepcion, the Court made clear that class action waivers are enforceable, even if...more

8/6/2014 - American Express v Italian Colors Restaurant Arbitration Arbitrators AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Robert Half SCOTUS

Third Circuit Ascertainability Rulings Continue to Imperil Low-End Consumer Class Actions

It’s a pattern repeated in millions of households every day: you go to the grocery or the drug store, buy the items you need, and don’t bother to keep the receipt. You may throw the receipt away immediately, you may throw...more

7/29/2014 - Ascertainable Class Bayer BMW Class Action Class Certification Putative Class Actions Wal-Mart

Defeating the “Fail Safe” Class Definition

Some class action plaintiff lawyers facing individualized liability issues will try to obtain class certification by defining the proposed class in a way that assumes liability. It’s somewhat akin to the baseball player who...more

6/6/2014 - Class Action Class Certification Leave to Amend Predominance Requirement Prior Express Consent TCPA

New E.U. Antitrust Directive

On April 17, 2014 the European Parliament adopted the European Commission’s proposal for a directive on private competition damages actions. The general impetus for the Directive was the paucity of private actions sought...more

6/2/2014 - Antitrust Provisions Enforcement Enforcement Actions EU EU Directive European Commission

Pennsylvania Court Decertifies Class in Fiduciary Breach Case Against H & R Block

The Pennsylvania Supreme Court last week upheld the decertification of a class of H&R Block customers challenging the tax preparer’s “Rapid Refund” program as deceptive, holding that the existence of a confidential...more

9/11/2012 - Class Action Class Certification Decertify False Advertising H&R Block

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