News & Analysis as of

Class Action Appeals

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.

Court of Appeals Dismisses Appeal For Lack Of Jurisdiction

On April 20, the U.S. Court of Appeals for the Second Circuit issued a unanimous ruling that may terminate much of the litigation triggered by the bankruptcy of Tronox Inc. The Court of Appeals dismissed the appeal for lack...more

No Use Crying Over Settled Claims?: Second Circuit Affirms Approval of Dairy Farmers’ Settlement

This week, the Second Circuit affirmed the approval of a $50 million agreement settling price-fixing claims brought by a class of farmers against a dairy cooperative and a dairy marketing company. The settlement in Allen et...more

Key California Employment Law Cases: February 2017

by Payne & Fears on

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

"The Class Action Chronicle - Spring 2017"

This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more

McGill v. Citibank and Arbitration Agreements

On Thursday, April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a pre-dispute arbitration agreement that waives the right to seek public injunctive relief is contrary to public policy and thus...more

Colorado Court Sends Shepherds’ Wage-Fixing Antitrust Suit Out to Pasture

Defendants in a putative class action lawsuit alleging wage fixing antitrust claims no longer need to count sheep to rest easily. A district court judge in Colorado recently denied plaintiffs’ request for leave to amend,...more

Recent settlements highlight plaintiff pitfalls in data breach cases

by Thompson Coburn LLP on

In a recent post, we discussed how plaintiff class members who have not suffered financial harm as a result of a data breach face challenges meeting the Article III standing requirement necessary to invoke a federal court’s...more

House passes bill to clamp down on class actions

by Thompson Coburn LLP on

The U.S. House of Representatives passed H.R. 985, the “Fairness in Class Action Litigation Act,” on March 9, 2017. The bill would add eight new sections to the “Consumer Class Action Bill of Rights,” enacted as part of the...more

Thoughts on the Fairness in Class Action Litigation Act of 2017

A fair amount of attention has been given in the legal media to the Fairness in Class Action Litigation Act of 2017, H.R. 985, which has passed the House of Representatives and is currently under consideration by the Senate....more

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

by Polsinelli on

A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

Briefs Filed in CalPERS v. ANZ Securities

On February 27, 2017, the California Public Employees’ Retirement System (“CalPERS”) filed its brief with the Supreme Court, requesting that the Court reverse the decision of the Second Circuit and abrogate the Second...more

Aftermath of Briseno Decision Holding No “Administrative Feasibility” Required for Class Certification

by Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit handed down its (by now) hotly discussed decision in Briseno v. ConAgra Foods, Inc., 844 F.3d 1121 (9th Cir. 2017), on January 3, 2017, holding there is no separate...more

Lack of Comma Means That Breaking Up Overtime Pay is Hard to Do: Litigation Trends

by CloudNine on

Breaking up is hard to do - Not since Neil Sadaka’s classic song has a “comma” meant so much. A class-action lawsuit about overtime pay for truck drivers has come down to punctuation and the lack of an Oxford comma has...more

CAFA, PART II?

by Pierce Atwood LLP on

In February 2017, Representative Goodlatte introduced the Fairness in Class Action Litigation Act of 2017. The Act, as with its 2015 predecessor, covers a lot of ground. It permits certification of damages classes only where...more

Samsung Shut Out Of Arbitration In Recent Consumer Class Actions

Two federal circuit courts of appeals have recently found that documents Samsung included in boxes with consumer products did not effectively create an arbitration agreement. In both cases, the documents had titles...more

House Passes Fairness in Class Action Litigation Act of 2017

by BakerHostetler on

Yesterday, the U.S. House of Representatives passed the Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the Act). The Act – introduced by Chairman of the House Judiciary Committee Bob Goodlatte – makes...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Take Two!: Congress Revives the Fairness in Class Action Litigation Act

This week, the House of Representatives is debating the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a Republican-sponsored bill that, if passed, will critically change the procedures governing class...more

CASE ALERT: 8th Circuit Rules Against Anheuser-Busch Plan Finding That ERISA-Plan Language Must Be Interpreted According to its...

by Kiesewetter Law Firm on

Case: Knowlton, et al. v. Anheuser-Busch Companies Pension Plan — Eighth Circuit Issue Presented: Whether a plan administrator’s interpretation of ERISA-subject plan language that resulted in a denial of pension...more

February 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

New York Appellate Division Revives Non-Monetary Class Action Settlement in M&A Class Action with Revised Standard of Review

In Gordon v. Verizon Communications, Inc., No. 653084/13, 2017 WL 442871 (N.Y. App. Div. Feb. 2, 2017), the Appellate Division of the Supreme Court of the State of New York, First Judicial Department (the “First Department”),...more

Rural Electric Cooperatives Receive Dismissals in Class Action Capital Credit Litigation

by Holland & Knight LLP on

Two recent dismissal orders – filed within days of each other – signal positive news to rural electric cooperatives defending actions brought by former or current members regarding the distribution of patronage capital and...more

New York Court Reverses Rejection of M&A Disclosure-Only Settlement Signaling Split from Delaware

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 2, 2017, the Appellate Division for the First Department in New York entered an order approving a “disclosure-only” settlement. While acknowledging the “increasingly negative view” of...more

Appeal Court Revives Class Action against the WSIB

by Dentons on

The Ontario Court of Appeal has revived a proposed class action brought by the appellant, Pietro Castrillo, on behalf of a class of injured workers whom he alleges have been wrongfully denied the full extent of benefits to...more

"New York Appellate Court Sets New Standard for Approving Nonmonetary and 'Disclosure-Only' Settlements"

It has become a common phenomenon for the announcement of a significant merger transaction to be quickly followed by shareholder class action or derivative litigation challenging the terms of the transaction and the accuracy...more

270 Results
|
View per page
Page: of 11
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*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. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!