Appeals Class Action

News & Analysis as of

Seventh Circuit Reverses $2.46 Billion Judgment in Securities-Fraud Class Action

The Court of Appeals for the Seventh Circuit last week reversed a $2.46 billion judgment in a long-running securities-fraud class action against Household International and granted a new trial on limited issues. The opinion...more

Wait A Minute, Mr. Postman: Tenth Circuit Applies Statutory-Violation Exclusion To Junk Fax Claims That Try To Skirt The TCPA

Enacted in 1991, the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), inaugurated the era of “junk fax” class actions, in which recipients of mass fax advertisements may pursue statutory damages of $500 per class...more

California Court Ruling Pulls the Spurs Off PAGA Deputies' Boots

A new California appellate court decision provides much needed guidance regarding the proper scope of discovery in representative actions brought under the California Private Attorneys' General Act of 2004 (PAGA), Cal. Lab....more

U.S. Supreme Court To Hear Appeal On Enforceability Of Arbitration Agreements In California

The United States Supreme Court has granted DIRECTV’s petition for Writ of Certiorari and will hear the following question presented: Whether the California Court of Appeal erred by holding, in direct conflict with the Ninth...more

Ninth Circuit Strictly Construes “Single Local Event” Exception to CAFA Jurisdiction for Mass Actions

In a recent decision, the Ninth Circuit Court of Appeals strictly construed the “single local event” exception to federal jurisdiction under CAFA as not encompassing “events or occurrences” that are of a continuing...more

Second Circuit Affirms Dismissal of ERISA Stock Drop Claims

The Second Circuit recently affirmed the dismissal of an ERISA stock drop class action because, like the district court, it held that Named Plaintiff Debra Taveras lacked constitutional standing to pursue her claims. Taveras...more

Beekeepers Abuzz After Court Allows Class Action to Proceed Against Regulator

A majority of the Federal Court of Appeal in Paradis Honey Ltd. v. Canada recently allowed a group of commercial beekeepers to proceed with a proposed class action against their government regulator. The court rejected the...more

Business Litigation Report - May 2015

In This Issue: - Main Article: ..Insider Trading After United States v. Newman, the Second Circuit’s Landmark Decision Limiting Liability of Downstream Recipients of Insider Information - Noted With...more

Insurance Recovery Law - May 2015

California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded - Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more

Did The Ninth Circuit Just Give Plaintiffs—But Not Defendants—An Automatic Appeal From Class Certification Orders?

In two recent decisions, the Ninth Circuit has carved out a new path for plaintiffs seeking immediate review of the denial of class certification: voluntarily dismiss the complaint under Rule 41(a), appeal from the final...more

CFPB files amicus brief in Fifth Circuit TILA case

The CFPB has filed an amicus brief in Billings v. Propel Financial Services, LLC, a case on appeal to the U.S. Court of Appeals for the Fifth Circuit. The issue in the case is whether a private lender extends“consumer credit”...more

Use of Expert Testimony at Class Certification Stage Addressed By Third Circuit

The Third Circuit recently joined the Seventh, Eighth, and Ninth Circuits in holding that, where a Daubert challenge is made to the use of expert testimony in support of class certification, the Daubert challenge must be...more

Third Circuit Clarifies the Ascertainability Standard in Class Certification Proceedings

In a precedential opinion issued on April 16, 2015, the Third Circuit sought to clarify its requirement that a proposed class be sufficiently ascertainable in order to be certified under Fed. R. Civ. P. 23(b)(3). Expressing...more

Conflicting Decisions on Whether Parallel Class Actions Constitute An Abuse of Process

Two recent decisions of the Nova Scotia Court of Appeal and the Court of Queen’s Bench of Alberta have come to opposite conclusions regarding whether it is an abuse of process to file the same class proceeding in multiple...more

Third Circuit Remands Class Certification Ruling in Blood Reagents Price-Fixing Case

On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re...more

Federal Appeals Court Revives Suit Over "All Natural" Cosmetic Labeling

“A product labeled ‘all natural’... likely evokes images of ground herbs and earth extracts rather than chemicals such as ‘Polysorbate 20’ or ‘Hydroxycitronellal.’” With that opening sentence, the Ninth Circuit Court of...more

Late Fees More Feasible After The Full Federal Court Overturns Decision On Penalties

On 8 April 2015 the Full Federal Court of Australia has found that certain bank fees were not penalties or otherwise unconscionable, unjust or unfair under statute reversing the first instance decision of Gordon J. This brief...more

Class Certification Provides a Second Bite at the Proverbial Apple for Removing Case to Federal Court

In Reyes v. Dollar Tree Stores, Inc. (Filed April 1, 2015, No. 15-55176) the United States Court of Appeals, Ninth Circuit, held the certification of a class triggers a new opportunity for a defendant to remove the matter to...more

Fourth Circuit Sustains Securities Fraud Claim Against Drug Manufacturer

On March 6, the US Court of Appeals for the Fourth Circuit found that the United States District Court for the Western District of North Carolina had erred in dismissing a class action lawsuit filed under Section 10(b) of the...more

Court Severs Term But Otherwise Enforces Arbitration Provision With A Class Action Waiver

In a victory for Sheppard Mullin and its client, in Trabert v. Consumer Portfolio Serv., Inc., __ Cal. App. 4th. __, 2015 WL 880949 (4th Dist. Mar. 3, 2015), the California Court of Appeal compelled arbitration and enforced a...more

Second Circuit Revisits Remedies In Amara v. Cigna

The Second Circuit court of appeals held that a court can exercise its equitable powers to reform the terms of a cash balance retirement plan to provide greater benefits than stated in response to material misstatements made...more

Appellate Courts Being Drawn Into VPPA Fray

Last week the Third and Eleventh Circuit Courts of Appeals assigned case numbers to the appeals of In re Nickelodeon Privacy Litigation and Locklear v. Dow Jones & Co., Inc., two recently dismissed class actions in which...more

Ninth Circuit Affirms Dismissal of Netflix Antitrust Suit

Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets. In 2005,...more

Judge Finds GenOn Power Plant Suit is Like School on a Saturday … No Class.

A Pennsylvania federal judge recently struck the class allegations from a suit brought against GenOn Power Midwest LP, alleging that its coal-fired power plant released toxic emissions that damaged surrounding property. Even...more

Ontario Court of Appeal Allows Privacy Tort in Medical Records Context

A recent decision of the Ontario Court of Appeal has clarified the scope of the tort of “intrusion upon seclusion” first recognized by the same court in Jones v. Tsige in 2012. In Hopkins v. Kay, a proposed class action...more

100 Results
|
View per page
Page: of 4

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×