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Class Action Opt-Outs

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.
Cornerstone Research

Considerations for Blow Provisions in Securities Class Action Settlements

Cornerstone Research on

Securities class action settlements often include what is commonly referred to as a “blow provision”—a provision designed to give defendants the option to terminate the settlement agreement if a specified threshold of...more

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

Klein Moynihan Turco LLP

Buy Me Some Peanuts, Cracker Jack, And A TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 5, May 2024

Welcome to summer and the fifth issue of The Academic Advisor for 2024 - In this issue, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: ...more

Latham & Watkins LLP

Corporates and Dealmakers Must Prepare For Increased UK Class Action Claims

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While class actions are well established in the US, they are increasingly common in the UK, driven by market volatility, availability of litigation funding, legal reforms, regulatory settlements, and growing scrutiny of...more

Venable LLP

Fast VAST Update: Plaintiffs Allege Autorenewal Violations against Multilevel Marketing Company

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Last week, a class action was filed in California state court alleging that Optavia, a multilevel marketing (MLM) company selling weight loss products and services, violated California's Automatic Renewal Law (ARL). The case,...more

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

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

BCLP

After PACCAR: a New Approach to Funding Collective Proceedings in the CAT

BCLP on

In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was...more

Smart & Biggar

Supreme Court of Canada agrees to hear challenge to “multi-Crown” class actions under the BC Opioid Damages and Health Care Costs...

Smart & Biggar on

The Supreme Court of Canada has granted Sanis Health, Shoppers Drug Mart, Sandoz Canada, and McKesson Canada leave to appeal Sandoz Canada v British Columbia, 2023 BCCA 306. The parties are defendants in a proposed class...more

Amundsen Davis LLC

Silence is Not Always Golden: Land v. IU Credit Union

Amundsen Davis LLC on

The spate of class-actionGavel with Cash lawsuits against banks and credit unions (“Financial Institutions”) involving overdraft fees has prompted Indiana Financial Institutions to amend their existing account agreements to...more

Cornerstone Research

Opt-Outs in Securities Class Action Settlements More Likely in Recent Years, Especially for Large and Complex Cases

Cornerstone Research on

The percentage of securities class action settlements with at least one putative class member opting out has increased in recent years, according to a new report by Cornerstone Research in conjunction with Latham & Watkins...more

Benesch

Google Faces Eight-Figure Settlements Following Data Privacy Claims

Benesch on

Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more

Jones Day

Class Actions Worldview - A Study of Trends Around the Globe - Part I: Class Actions in the United States and the European Union

Jones Day on

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

BCLP

PACCAR: a new direction for the funding of class actions?

BCLP on

The Supreme Court’s decision in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28 has caused a stir in the legal industry, leaving a number of...more

Hogan Lovells

UK Class Action certification

Hogan Lovells on

In the UK, since 2015, there has been a statutory class action regime allowing full opt-out or opt-in class actions for claim for breach of competition law. Competition claims require approval (or certification) before...more

Stikeman Elliott LLP

Extending the Time to Opt Out of a Class Action? Ontario Court of Appeal Provides Guidance on Applicable Test

Stikeman Elliott LLP on

In Johnson v. Ontario, the Ontario Court of Appeal (the “Court”) allowed for the extension of time within which the appellant could opt out of a class action. In doing so, the Court provided welcome appellate guidance on the...more

Blake, Cassels & Graydon LLP

Court of Appeal for Ontario Confirms Test for Extending Period to Opt Out of Class Proceedings

The Court of Appeal for Ontario (Court) has confirmed the test for granting an extension to opt out of a class proceeding after the court-ordered deadline has elapsed. The Court has also confirmed that such deadline will...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts

This week, the Ninth Circuit addresses the immediate appealability of orders invalidating class action opt-outs, and considers whether a decision not to renew a contract is an adverse employment action for purposes of a Title...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions: FX Decision Shows That the CAT Is Willing To Strike Out Poorly Pleaded Claims and Deny Opt-Out Certification

The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider...more

McDermott Will & Emery

Copyright Claims Board Clarifies Service Rules and Opt-Outs

McDermott Will & Emery on

The US Copyright Office issued two final rules for how companies can designate agents to receive claims and how libraries can preemptively opt out of claims before the Copyright Claims Board (CCB). The agency has been...more

Wiley Rein LLP

Delaware Supreme Court Affirms Decision Below in Favor of Insurers, Holds “Relatedness” is Determined By Policy Language and Not...

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In a win for Wiley Rein’s client, the Delaware Supreme Court has affirmed the trial court’s decision that a securities class action and an opt-out case constitute related Claims, such that the opt-out case is excluded from...more

Akin Gump Strauss Hauer & Feld LLP

Lloyd v Google UK Supreme Court Class Action Judgment — End of the Road for Some, Open Door for Others

On 10 November 2021, the Supreme Court dismissed the United Kingdom’s first ever “opt-out” class action brought outside of the competition law sector, in Lloyd v Google LLC. The claim, seeking an award of damages of around £3...more

Kilpatrick

Third Circuit forbids “one-way intervention” in cases combining FLSA opt-in collective claims with Rule 23 opt-out claims

Kilpatrick on

Takeaway: In theory, class litigation should be fair. Class members should not be permitted to see how a case will play out at trial before deciding whether to opt out of a damages class – a practice known as “one-way...more

Bennett Jones LLP

Court of Appeal Characterizes "Opt Out" of Class Proceedings as a Substantive Right

Bennett Jones LLP on

Class action proceedings are routinely characterized as "procedural" in nature. However, that framing obscures the fact that class actions—and interim proceedings within class actions—have very real consequences for class...more

ArentFox Schiff

Privacy Update: FCC Seeks Public Comment on the Current and Future Regulation of the "Internet of Things"

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FCC Seeks Public Comment on the Current and Future Regulation of the “Internet of Things” - The FCC is requesting public comment in a proceeding that will help determine the scope and nature of regulation of the “Internet of...more

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