News & Analysis as of

Class Action Exclusions

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.
Pillsbury - Policyholder Pulse blog

Insurers Seek to Avoid Coverage for BIPA Claims by Using Old Exclusions for New Purposes

When Illinois enacted the Biometric Information Privacy Act in 2008 (BIPA), the concept of “biometric privacy protection” was foreign to many observers. Yet less than 20 years later, consumers are familiar with the concept of...more

Amundsen Davis LLC

BREAKING NEWS: IL Supreme Court Holds Workers’ Compensation Exclusive Remedy Does Not Kill BIPA Claims

Amundsen Davis LLC on

The Illinois Supreme Court forever quashed one of Illinois employers’ last lines of defense to the onslaught of claims brought under the Illinois Biometric Information Privacy Act (BIPA)...more

Fisher Phillips

The Importance of Getting the California “Regular Rate” Right

Fisher Phillips on

While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more

Lowenstein Sandler LLP

Arbitration Where You’re Not Expecting It

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In the decade since the Supreme Court decided AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011) and American Express Co. v. Italian Colors Restaurants, 570 U.S. 228, 233 (2013), arbitrability has become a threshold...more

King & Spalding

Ninth Circuit Affirms Denial of Class Certification and Exclusion of Plaintiffs’ Expert in Lawsuit Against Honda Alleging...

King & Spalding on

On April 29, the Ninth Circuit affirmed the district court’s order denying a motion to certify a putative class of consumers who purchased or leased Honda Pilots with allegedly defective power windows. The court also affirmed...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 28, 2020

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Real Property Update - Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more

Haight Brown & Bonesteel LLP

EPLI Wage and Hour Law Exclusion Bars Some, But Not All, Claims Pled in Employee Class Action for Labor Code Violations

In Southern Cal. Pizza Co., LLC v. Certain Underwriters, etc. (No. G056243, filed 8/27/19), a California appeals court held that an employment practices liability insurance (EPLI) policy exclusion for wage and hour or...more

WilmerHale

CFPB Releases Outline of Proposals to Block Pre-Dispute Arbitration Agreements in Class Litigation

WilmerHale on

On October 7, 2015, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) released an outline of proposals under consideration to ban class action waivers in contracts for consumer financial products and services....more

BakerHostetler

Those Blasted Exclusions! Court Rules that Notice of TCPA Exclusion in Renewal Policy was Valid

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Last week, the Illinois Court of Appeals released an opinion ruling that Cincinnati Insurance Company has no obligation to contribute an additional $4 million to a settlement of a class action claim brought under the...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- May 16, 2013

In This Issue: Prepare For A Storm of Lawsuits; To Ensure Coverage, Read Policy Carefully; and Ticketmaster Wins Reversal, Possible Coverage For Class Action Over Ticket Fees ...more

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