News & Analysis as of

Class Action

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.

Footlong Litigation to Continue, Despite Settlement Dismissal

The saga over Subway’s “footlong” sandwiches will continue, a group of former plaintiffs vowed in a court filing after the U.S. Court of Appeals for the Seventh Circuit threw out a settlement agreement between the parties....more

Supreme Court Set To Weigh In On Class Action Waivers

by Burr & Forman on

In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National...more

Ninth Circuit Establishes Rule for Mixed Statements under Reform Act’s Safe Harbor, in In re Quality Systems, Inc. Securities...

On July 28, the Ninth Circuit reversed the dismissal of a securities class action, and remanded to the Central District of California. In re Quality Sys., Inc. Sec. Litig., 865 F.3d 1130 (9th Cir. 2017). Quality Systems,...more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using...more

Second Circuit Dismisses FACTA Class Action Under Spokeo

by BakerHostetler on

The Second Circuit’s Sept. 19, 2017 decision in Katz v. The Donna Karan Company, LLC, et al., Dkt. No. 15-464, has potentially provided a new road map to defeating class actions alleging statutory damages for bare procedural...more

Takeoff Denied Again: B.C. Court of Appeal Affirms Denial of Airline Fuel Surcharge Class Action

On September 12, 2017, the British Columbia Court of Appeal (Court) affirmed the refusal to certify a class proceeding against various airlines regarding the description of fuel surcharges in Simsek v. United Airlines, Inc....more

Investment Services Regulatory Update - September 2017

by Vedder Price on

Market and Product Developments - Securities Industry Implements T+2 Settlement Cycle - On September 5, 2017, the securities industry transitioned to a shorter settlement cycle for most broker-dealer securities...more

Ocwen Predictably Reaches High-Dollar TCPA Settlement Following Class-wide Preliminary Injunction

by Dorsey & Whitney LLP on

By the time the gavel struck back on June 26, 2017, another high-dollar TCPA settlement was inevitable. On that date, Judge Matthew F. Kennelly of the Northern District of Illinois entered an order preliminarily certifying a...more

Seventh Circuit Holds Footlong Settlement Falls Short

The Seventh Circuit’s rejection of a class action settlement in a case alleging consumer fraud against Subway for allegedly “shorting” customers of its Footlong sandwiches illustrates the pitfalls of settlements that provide...more

Top Five Developing Issues in Class Action Litigation

Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year...more

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more

One Wrong Turn

by Bennett Jones LLP on

The road to the first class action against the Province of British Columbia - On May 3, 2017, the Honourable Justice Masuhara, of the British Columbia Supreme Court, certified the province’s first environmental class...more

AD-ttorneys@law

by BakerHostetler on

Tom “Syndicate” Cassell and Trevor “TmarTn” Martin serve up high-octane reviews and commentary on games and gaming culture on YouTube. Both are wildly popular – Cassell’s YouTube channel is one of the top 100 subscribed...more

Seventh Circuit Rejects Subway Footlong Class Settlement as a “Racket”

by BakerHostetler on

A recent Seventh Circuit decision pushed back on a proposed settlement of the Subway “footlong sub” class action, finding the proposed settlement a “racket” designed to benefit class counsel without any benefit to the class....more

Rulings, Orders, Settlements – August 4, 2017

by Perkins Coie on

Court Denies Motion to Dismiss for Non-Functional Slack-Fill Class Action - White v. Just Born, Inc., No. 2:17-cv-4025 (W.D. Mo.): The Court issued an order denying Defendant’s motion to dismiss this putative...more

Protection of servicemembers, Equifax data breach provide mistaken justifications for CFPB arbitration rule

by Ballard Spahr LLP on

In a mistaken attempt to justify the CFPB’s arbitration rule, supporters are pointing to the need to protect the rights of military servicemembers and the recent Equifax data breach. On September 20, Democratic Senator Jack...more

No Slam Dunk: Filings of New York Sales Tax Class Actions Continue Despite Dunkin' Decision

by Jones Day on

In May 2017, the Second Circuit rejected an attempted class action lawsuit that sought to hold a retailer liable for allegedly overcharging sales tax. In Estler v. Dunkin' Brands, Inc., the court upheld summary judgment in...more

Equal Pay Class Action Lawsuit Against Google

by Fisher Phillips on

Google, Inc. (“Google”) is the latest high profile employer in an onslaught of class actions by female employees alleging systemic discrimination in pay against women. Coupled with the Office of Federal Contract Compliance...more

Up, up and away: BC Court of Appeal dismisses unjust enrichment class action against international airlines

by DLA Piper on

On September 12, 2017, Mr. Justice Groberman, writing for the BC Court of Appeal, upheld the decision of the BC Supreme Court in Unlu v Air Canada, 2015 BCSC 1453 (“Unlu”), refusing to certify as class proceedings five...more

Unusual procedural development in CFPB/NY AG lawsuit against RD Legal Funding

by Ballard Spahr LLP on

In an unusual procedural move last week in the RD Legal Funding case about which we have previously blogged, SDNY Judge Loretta Preska (the judge presiding over the CFPB’s lawsuit against RD Legal Funding) has referred to...more

Professor Sovern Disagrees with Senator Warren and Concedes that Consumers Do Well in Arbitration But Raises Another Red Herring

by Ballard Spahr LLP on

Professor Jeff Sovern has responded to our recent blog, “Senator Warren’s Numbers Don’t Add Up,” with a blog of his own. He does not contest the main point of our blog, which was that Senator Warren’s claim that consumers...more

New Class Action Litigation Risks – What Businesses Need To Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The plaintiffs’ bar has recently brought a flurry of class action lawsuits against businesses under the Illinois Biometric Information Privacy Act, commonly known as “BIPA.”...more

Podcast Episode 8 – When the Government Decides to Flood Your Property, Is There a Claim? With Derrick Carson of Locke Lord LLP,...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. Derrick Carson, Partner in Locke Lord's Houston office, joins us in Episode 8 to discuss Hurricane Harvey, the flooding in Houston and southeast...more

House Financial Services Subcommittee Focuses on Bill to Reduce FCRA Class Action Liability

On September 7, the House Financial Services Subcommittee on Financial Institutions and Consumer Credit held a hearing on six proposed bills for creating a “more efficient federal financial regulatory regime.” Among the bills...more

Judge OK’s $8.75 Million Postmates Settlement

by Fisher Phillips on

A federal judge in California recently gave his blessing to an $8.75 million settlement in the ongoing litigation by delivery drivers against the food courier service, Postmates. In the class action suit, which was filed in...more

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