News & Analysis as of

Class Action Jury Trial

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.
Davis Wright Tremaine LLP

Excessive Fees or Incessant Litigation – Time for Legislative and Employer Action on Retirement Plans!

Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Jury Verdict Issued in Illinois Biometric Privacy Act Class Action

​​​​​​​On October 12, 2022, a federal jury in the U.S. District Court for the Northern District of Illinois concluded that a company violated the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) 45,600 times...more

Ballard Spahr LLP

First Jury Trial in Biometric Privacy Class Action Underway: Potential Damages Still Unresolved

Ballard Spahr LLP on

The first jury trial for violations of the Illinois Biometric Privacy Act (“BIPA”) is underway in the District Court for the Northern District of Illinois. Rogers v. BNSF Ry. Co., No. 1:19-cv-03083. A jury will decide...more

FordHarrison

Jury Trial Waivers May be an Option for Employers in the Wake of the Ending Arbitration of Sexual Assault and Sexual Harassment...

FordHarrison on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), amending the Federal Arbitration Act (FAA) to expressly prohibit mandatory...more

Manatt, Phelps & Phillips, LLP

No Jury Right for PAGA Claims

Does an employee have the right to a jury trial in a PAGA suit? Not according to a recent California appellate panel decision in a suit brought by a cashier at Ralphs Grocery Company....more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Holds Plaintiffs Not Entitled To Equitable Restitution Under UCL/CLRA If Adequate Remedy At Law Is Available

Earlier this month, the Ninth Circuit held that state law cannot expand or confine a federal court’s power to issue equitable restitution because federal courts are bound by traditional equitable principles, which require,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

Carlton Fields on

Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Payne & Fears

Key California Employment Law Cases: January 2020

Payne & Fears on

Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Proskauer Rose LLP

Three Point Shot - February 2019

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Allen Matkins

Court Of Appeal Finds No Right To Jury In Shareholder Class Action

Allen Matkins on

In several blog posts, I have commented on the right to a jury trial under California law. This may seem like an inapposite subject for a blog devoted to corporate and securities law issues. Nonetheless, I have...more

Maynard Nexsen

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

Maynard Nexsen on

UPDATE: Based upon a settlement reached with Respondents, Petitioners filed a motion seeking dismissal of their petition for a writ of certiorari to the Court of Appeals. They also asked the Court to vacate the opinion of...more

Maynard Nexsen

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

Maynard Nexsen on

UPDATE: The Petitioners Motion for Rehearing was denied. While the Petition for Certiorari was pending, a settlement agreement was reached, part of which seeks for the Court to dismiss this matter and vacate this opinion....more

Maynard Nexsen

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

Maynard Nexsen on

The South Carolina Court of Appeals has offered insight into its opinion on the issue of whether a developer may contractually create and enforce jury trial and class action waivers in a master deed. The Court’s position is...more

Patterson Belknap Webb & Tyler LLP

Cox Communications Tying Class Action Goes to the Jury

After a near two-week trial in the consumer class action lawsuit against Cox Communications, the jury began deliberations this past Monday to decide whether Cox’s alleged practice of tying premium cable services to rentals of...more

McAfee & Taft

Arbitration policies for wage and hour claims

McAfee & Taft on

As the number of Fair Labor Standards Act lawsuits has grown, employers have started taking notice of the power a sizable class made up of numerous employees can command. Arbitration provisions – once the realm of...more

Orrick, Herrington & Sutcliffe LLP

Navigating Mass Torts and Product Liability (MTPL) Litigation in the U.S. Legal System: Litigation Challenges for Japanese MTPL...

In This Presentation: • Challenges of U.S. Courts • Specialized and Aggressive Plaintiff’s Bar and Contingency Fees • Jury Trials • Pretrial Discovery • Personal Jurisdiction • U.S.-Based Subsidiaries •...more

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