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Class Action › Common Law Claims

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.
Shook, Hardy & Bacon L.L.P.

Buffalo Wild Wings Deceives Consumers on its Boneless Wings, Man Alleges

Shook, Hardy & Bacon L.L.P. on

An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: The FAA and the FAAAA

Morrison & Foerster LLP - Left Coast Appeals on

This week at This Week, we take a look at two cases that divided the panels deciding them. In the first, the Ninth Circuit (splitting from the Fourth) held an arbitration clause the plaintiff had signed with a third party to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Odors/Common Law Torts: Federal District Court Addresses Animal Waste Rendering Facility's Motion to Dismiss

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A United States District Court (D. New Jersey) (‘Court”) addressed in an August 25th Opinion issues arising out of a class action that had been filed against Darling Ingredients, Inc. (“DII”) alleging that its Newark, New...more

Robinson+Cole Class Actions Insider

Sixth Circuit Reminds District Courts and Defendants That Notice Must Be Given Before Binding Class Members

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A recent decision by the U.S. Court of Appeals for the Sixth Circuit provides an important reminder that if defendants want absent class members to be bound by a summary judgment ruling in their favor, generally they must...more

Carlton Fields

Cannabis Consumer Class Actions: The Implicit and Indispensable Ascertainability Requirement

Carlton Fields on

In the last month, plaintiffs have filed a spate of consumer class actions against manufacturers of cannabis-based products. Specifically, plaintiffs have focused on manufacturers of CBD products, claiming the amount of CBD...more

Lewitt Hackman

Franchisors are “Lovin’ It”

Lewitt Hackman on

In a win for franchisors, the Ninth Circuit recently affirmed the district court’s summary judgment in favor of fast-food behemoth McDonald’s Corp., ruling that the franchisor is not a joint employer of its franchisees’...more

Esquire Deposition Solutions, LLC

Ongoing Biometric Privacy Litigation to Shape Scanning Technology

Esquire Deposition Solutions, LLC on

Access to biometrics has given us the chance to automate recognition and verification processes in an extraordinarily individualized way. The U.S. government uses biometrics to enhance national security, and their Automated...more

Mintz - Securities Litigation Viewpoints

Canadian Court Limits Underwriters’ Liability and Susceptibility to Class Treatment

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In LBP Holdings Ltd. v Hycroft Mining Corporation, the Ontario Superior Court of Justice denied the plaintiff’s motion to certify a class action in common law negligence and negligent misrepresentation against the...more

Bennett Jones LLP

No Statutory Claim? No Certification for Securities Class Action

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Last week, Justice Perell released a securities class action decision (LBP Holdings Ltd. v. Hycroft Mining Corporation, 2017 ONSC 6342 [Hycroft]) refusing to certify a common law claim for negligent misrepresentation against...more

Carlton Fields

Third Circuit Rules Arbitration Agreement Included In Product Manual Is Unenforceable

Carlton Fields on

This action involved a class action suit brought in New Jersey federal court. The complaint alleged that plaintiff David Noble saw Samsung advertisements stating that the Samsung smartwatch’s battery lasted 24 to 48 hours...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Affirms Denial of Samsung’s Motion to Compel Arbitration Based on In-Box Warranty Brochure

Morrison & Foerster LLP - Class Dismissed on

On January 19, 2017, the Ninth Circuit Court of Appeals affirmed a district court’s denial of Samsung’s motion to compel arbitration by the named plaintiff in a class action alleging that Samsung made misrepresentations as to...more

Mintz

Monthly TCPA Digest - January 2017

Mintz on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

Bennett Jones LLP

Supreme Court of Canada Releases Securities Class Actions Trilogy - Clarifies that the Leave Test has Teeth in Common Law...

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The Supreme Court of Canada released reasons in its highly-anticipated trilogy of securities class action cases. In Canadian Imperial Bank of Commerce v. Green, a deeply divided Court reached differing conclusions on...more

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