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.
News & Analysis as of

Advertising Law - December 2016

$30M Judgment for Green Coffee Weight Loss Defendant - An executive behind a green coffee weight loss product scam was hit with a $30 million judgment in a recent Federal Trade Commission action in Florida federal...more

Spokeo Should Not Fall on Deaf Ears in Privacy Class Actions

On the May morning that the Supreme Court handed down its ruling in Spokeo, Inc. v. Robins, I was among those who read the case as a bellwether. The Spokeo appeal addressed a long-festering issue about whether Congress may...more

Second Circuit Finds No Standing, Affirms Summary Judgment on TILA Claims

On November 23, 2016, the Second Circuit issued its opinion in Strubel v. Comenity Bank, a putative Truth in Lending Act (TILA) class action with both standing and substantive TILA implications. In Strubel, the plaintiff...more

FTC to Collect and Analyze Class Settlement Data

On Nov. 14, 2016, the Federal Trade Commission (FTC) announced it issued orders to eight unidentified claims administrators, requiring them to divulge information on class settlement notification procedures and the response...more

Away Game: Canadian Supreme Court Allows Superior Court Judges to Determine Settlement Motions Outside of their Home Provinces

Recently, the Supreme Court of Canada had the opportunity to decide a specific issue with potentially large ramifications. In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior...more

November 2016 Independent Contractor Misclassification and Compliance News Update

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

Divergent Views on Class Discovery

In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies....more

California Court Rejects Attempt to Overturn Judgement Based on Spokeo

A defendant who lost a bench trial in a certified class case alleging that it violated the Electronic Funds Transfer Act by forcing the plaintiff and class to use electronic funds transfer services to obtain loans sought to...more

Gatekeeping - stops class action cold!

On 16 November 2016, Madam Justice Dillon issued her decision in Harrison v. Afexa Life Sciences Inc., 2016 BCSC 2123, denying the certification of a class action against the makers of Cold-Fx under the Class Proceedings Act,...more

Sanctions for Failure to Conduct a Reasonable Inquiry Into Factual/Legal Basis for Discovery Responses

Recently in Rodman v. Safeway, Inc., 2016 WL ­­­5791210 (N.D. Cal. Oct. 4, 2016), U.S. District Judge Jon S. Tigar imposed monetary sanctions of $688,644 because of the failure of Safeway and its counsel to conduct a...more

Cell Phone Manufacturer and Firmware Provider Hit with Consumer Class Action Over Extracting and Transmitting User Information...

A recent class action lawsuit is alleging that cell phone manufacturer Blu Products, Inc. (“Blu”) and firmware providers Shanghai Adups Technology Co., Ltd. and Adups USA LLC (“Adups”) violated several federal privacy laws by...more

Ohio Appeals Court Dents Plaintiffs’ Class Certification Motion

Four independent auto body shops sued Progressive Casualty Insurance Company in state court in Cleveland. Their gripe? They claimed that they repaired Progressive-covered vehicles but that Progressive tortiously interfered...more

Association Alone Does Not Equal Causation in Product Liability Cases

Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar....more

District of New Hampshire Denies Remand Under CAFA’s Local Controversy Exception

On November 30th, in Brown v. Saint-Gobain Performance Plastics Corp., United States District Judge Joseph Laplante of the District of New Hampshire denied plaintiffs’ motion to remand two related class action lawsuits based...more

Opt Ins are Out (of Luck) Appealing Decertification

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

Ontario Court Decision Highlights Summary Judgment as Potential Tool in Class Proceedings

In a recent class action decision, Wise v. Abbott Laboratories Limited (Wise), Justice Perell of the Ontario Superior Court of Justice (Court) granted the defendant’s motion for summary judgment in advance of certification,...more

Shoot to Kill: Expert Bias is an Issue of Admissibility

Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. ...more

December 2016 Special Immigration Alert

USCIS Updates Fee Schedule for Immigration and Naturalization Benefit Requests - On October 24, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced a final rule adjusting the fees required for many...more

Trumpian Logic Fails in Recent Pharma Class Action Decision

Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. Justice Perell's recent decision in...more

Judges v. Ministry of Justice and Lord Chancellor

It is not every day that a group of over 200 judges get together to issue proceedings against the Ministry of Justice and the Lord Chancellor, Liz Truss. However, this is exactly what has happened; the London Central...more

French Consumer Class Action: An Initial Assessment

On 1 October 2016, the French consumer class action celebrated two years of existence. The initial assessment is rather reassuring for companies, although media coverage from the very beginning has been worrying and...more

Chris Lazarini Provides Insight on Standards Applied to Pro Se Litigants

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case revealing that while less stringent standards are often applied to pro se litigants, courts still should require them to adhere to the procedural rules....more

Your Daily Dose of Financial News

Even as auto lending continues at near break-neck pace, regulators are expressing concerns about the rise (again) of subprime delinquencies from borrowers. The trend, at a time when the US economy is doing relatively well,...more

A Fresh Take on the Horizontal Joint Employment Theory: Conditional Certification for Subway Employees Denied

Seyfarth Synopsis: Federal court denies motion for conditional certification for a proposed class of employees working at separate Subway franchises. Earlier this year, the DOL’s Wage-Hour Division issued a...more

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