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.
News & Analysis as of

Strategies In Class Action Engagement: Response To Class Certification

This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. An order granting class certification is not the end of the battle regarding...more

Third and Seventh Circuit Courts of Appeals Issue TCPA Decisions

The Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”), prohibits “robo-calls” to cell phones, text messages and “junk” faxes without prior consent. It imposes statutory penalties from $500 to $1,500 per...more

Dispute Resolution Multi-Jurisdictional Guide 2013/14 Country Q&A: Japan

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation -- Litigation is the most frequently used...more

Sino-Forest: Leave to appeal CCAA decision denied when appellant seeking to preserve potential future right to opt out of class...

The test for granting leave to appeal in Companies Creditors’ Arrangement Act proceedings is well-settled: ..Whether the point on the proposed appeal is of significance to the practice; ..Whether the point is of...more

Court Rules Pension Plan Members Not Entitled to Indexing

In a decision released this month, the Saskatchewan Court of Appeal ruled that members of the Saskatchewan public service pension plan are not entitled to indexed pension benefits, beyond what was already provided for in...more

Class Action Settlement Take-up Significant for Fee Approvals - Lavier v MyTravel Canada Holdings Inc

On February 14, 2013, the Ontario Court of Appeal released its decision in Lavier v MyTravel Canada Holidays Inc, which deals with the approval of class counsel fees in a settled class proceeding. The decision provides some...more

Seventh Circuit Addresses FLSA Class Certification Standards

The US Court of Appeals for the Seventh Circuit has held that the same standards governing Rule 23 class certification claims apply to wage-and-hour “collective action” claims brought under the Fair Labor Standards Act...more

Quebec Court of Appeal Refuses to Authorize Pension Class Action

The recent Quebec Court of Appeal decision in Rousselet v. Corporation de l’École polytechnique confirmed some useful legal principles in its analysis...more

Five-Judge Panel of Court of Appeal to Consider Limitation Period for Securities Class Actions

The Court of Appeal for Ontario announced this week that it will convene a special five-judge panel to hear appeals considering the statutory limitation period applicable to securities class actions for secondary market...more

Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

Global Overview: Continued aggressive cartel enforcement in 2012 Authorities around the world continued to vigorously enforce cartel law in 2012. Total fines increased in many jurisdictions, and authorities around the...more

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of appeal held that the...more

Faulkner v. ADT and the Landscape for CIPA Class Actions

Last week the Ninth Circuit ruled on the issue of whether a business can be held liable under the California Invasion of Privacy Act, Cal. Penal Code § 632 (“CIPA”) for monitoring or recording its own customer service...more

Trial Court Abuses Its Discretion by Forcing Insurer to Bear the Cost of Giving Notice to Putative Class Members

In In re Insurance Installment Fee Cases, 2012 DJDAR 16696 (2012), the California Court of Appeal for the Fourth Appellate District decided an important class action cost recovery issue. The case arose in the insurance...more

Two California Appellate Courts Invalidate Auto Installment Contract Arbitration Clauses

Recently, the California Court of Appeals for the First and Second Appellate Districts affirmed lower court orders denying two automobile dealerships’ petitions to compel arbitration, holding that the arbitration clause in...more

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

White v. Hollister Co. Illustrates Importance of Individual Questions in Class Certification

The California Court of Appeals January 3, 2013 decision in White v. Hollister Co. reversed and remanded the trial court’s opinion denying class certification to a class of consumers who claimed that defendant Hollister Co....more

Ninth Circuit Vacates Restitution Order In Overdraft Ordering Case, Allows State Fraud Claims To Proceed

On December 26, the U.S. Court of Appeals for the Ninth Circuit held that a national bank’s practice of posting payments to checking accounts in a particular order is a federally authorized pricing decision, and that federal...more

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

In re Celera Corp. S’holder Litig., No. 212, 2012 (Del. Dec. 27, 2012)

In this en banc decision, the Delaware Supreme Court affirmed the Court of Chancery’s certification of a class representative in a breach of fiduciary duty action, even though the class representative sold its stock in the...more

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