Class Action

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

The Hidden Danger for Retailers Doing Business in New Jersey

Have You Heard About New Jersey’s Truth in Consumer Contract, Warranty and Notice Act? New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), is the basis for a recent flurry...more

What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in...

On March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone...more

The Class Action Chronicle - Spring 2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Representative Evidence May Or May Not Be Sufficient

A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by...more

No Tea Time for Class Action Plaintiffs: Class Certification Denied for Bigelow Green and Black Tea Drinkers

Northern District of California Judge William Orrick recently denied class certification in two food misbranding class actions challenging antioxidant claims for Bigelow green and black teas. Khasin v. R.C Bigelow Inc., Case...more

Class Actions Under New Jersey Warranty Law Threaten to Turn Terms-of-Service Boilerplate Into Big Potential Risks

Do your Terms of Service preclude litigants from claiming consequential damages or attorneys’ fees? If new class action lawsuits in New Jersey are right, merely including these terms, and potentially many other disclaimers,...more

Trump Campaign Sued In Federal Court in Illinois

Earlier this week, Illinois resident Joshua Thorne filed a purported class action against Donald J. Trump for President, Inc., in the Northern District of Illinois. See Thorne v. Donald J. Trump For President, Inc., No....more

Sharp Increase in NJ Consumer Class Actions as Company Websites Targeted

A formerly obscure, 35-year-old New Jersey statute is increasingly taking its place as the claim of choice for class action lawyers suing consumer-facing companies. Most recently, plaintiffs' lawyers are using the ambiguous...more

What The $100M Uber Settlement Means To All Employers

The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more

U.S. Companies May Risk Liability Under Canadian Anti-Spam Law

U.S. companies may soon risk litigation for failing to comply with the provisions of Canada’s anti-spam law (CASL) in their electronic communications to Canadian consumers. While this anti-spam law has been in force since...more

Uber Drivers to Remain Independent Contractors…For Now

Uber, the independent taxi service where you can “drive your car and be your own boss,” has long attracted controversy for classifying its drivers as independent contractors and not employees. Class-action lawsuits claiming...more

Class Certification: Halliburton II and Basic

The predicate for many securities class actions is the fraud-on-the-market theory, adopted by the Supreme Court in Basic, Inc. v. Levinson, 485 U.S. 224 (1988). There the Court held that a securities law plaintiff could...more

Uber Class Action Settlement Faces Objections from Plaintiffs’ Lawyers

Uber’s recently announced $100 million settlement to resolve the O’Connor v. Uber Technologies, Inc. class action, in which plaintiffs sought an order deeming them employees, rather than independent contractors, already faces...more

Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

Something in the Water: Flint Judge Disqualifies Himself and Staff as Theoretical Plaintiffs

In late April, U.S. District Court Judge Mark A. Goldsmith, in Concerned Pastors for Social Action, et al. v. Nick A. Kouri, et al., FlintRiverissued an interesting Order Regarding Disqualification. During an April 6, 2016...more

Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals

We’ve recently reported on numerous district court—and even Ninth Circuit—stays in false advertising actions. Many of these stays have been based on FDA’s consideration of food labeling issues, such as those involving...more

Lawler Foods to Pay over $1 Million to Settle EEOC Race and National Origin Discrimination Suit

Bakery Refused to Hire Applicants Based on Their Race/National Origin, Federal Agency Alleged - HOUSTON - A large local bakery will pay $1,042,000 as part of the settlement of a class race and national origin...more

7th Circuit Court of Appeals finds Article III Standing for P.F. Chang’s Plaintiffs

On April 14, 2016, the Court of Appeals for 7th Circuit reinstated plaintiffs’ action against P.F. Chang’s restaurant chain that arose out of the well-reported breach of payment card information. The action was previously...more

Express Yourself! Ongoing Split Over Class Arbitration Points to Importance of Clear Provisions

Despite the numerous Supreme Court decisions limiting class arbitrations, one central issue remains undecided: who decides whether an arbitration agreement permits class arbitration, the courts or the arbitrators? Entities...more

Uber Aims to Settle Two Class Actions; Approximately 385,000 Uber Drivers in California and Massachusetts to Remain Independent...

Last Thursday, Uber settled two closely-watched class actions contesting Uber’s classification of approximately 385,000 drivers in California and Massachusetts as independent contractors as opposed to employees. While the...more

Collado v. J & G Transport, Inc. – When a Waived Right to Arbitrate is Revived

Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport, Inc., No. 15-14635 (11th Cir. April 21, 2016) is but the latest example. In...more

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

Do You Need Cyber Insurance or Will Your CGL Policy Be Enough?

In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial general...more

Data Breach Suit Covered Under CGL Policy

Earlier this month in an unpublished opinion, the Fourth Circuit Court of Appeals found that Travelers Indemnity Company of America (“Travelers”) had a duty to defend its insured against a data breach suit under the terms of...more

Two is Better Than One: CGL Policies Complement Cyber Insurance in Protecting Companies Against the Rising Costs Associated with...

Cyber insurance policies are often considered the “last line of defense” against cybersecurity incidents, but companies should keep in mind that their traditional commercial general liability (“CGL”) insurance policies are a...more

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