Reversal Class Action

News & Analysis as of

September 2015: Appellate Update

Postscript to the U.S. Supreme Court’s October 2014 Term. The Supreme Court of the United States completed its October 2014 term in June, having decided a number of matters of wide public interest. Among the most notable was...more

Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat

It is not every day that multi-million wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar...more

Seventh Circuit Again Limits Application Of The Wal-Mart Ruling And Certifies Chicago Teachers’ Discrimination Claims

In Chicago Teachers Union, Local No. 1, American Federation of Teachers, AFL-CIO v. Bd. of Educ. of the City of Chicago, Case No. 14-2843 (7th Cir. Aug. 7, 2015), the U.S. Court of Appeals for the Seventh Circuit reversed a...more

Did the 7th Circuit Just Ease the Way for Consumer Data Breach Lawsuits?

On July 20, 2015, a federal appeals court in Chicago issued what could be a watershed ruling in favor of consumers pursuing class action lawsuits against retailers and other companies following data breaches that involve the...more

Eleventh Circuit Throws Open The Door To State-Law Class Actions In Federal Court

In a first-of-its-kind opinion that could open the class action flood gates, the Eleventh Circuit has held that state consumer fraud class actions may proceed in federal court even if the state consumer fraud statute...more

Second Circuit Rulings Provide Hope For Companies’ Use of Unpaid Interns

In Glatt v. Fox Searchlight Pictures, Inc., a federal district court in New York decided that Fox Searchlight Pictures, Inc. had violated federal and New York minimum wage laws by not paying interns who had worked on its film...more

Seventh Circuit Reverses $2.46 Billion Judgment in Securities-Fraud Class Action

The Court of Appeals for the Seventh Circuit last week reversed a $2.46 billion judgment in a long-running securities-fraud class action against Household International and granted a new trial on limited issues. The opinion...more

NLRB Again Attempts to Invalidate Mandatory Arbitration Clauses for Employment Claims

In its Murphy Oil decision, the National Labor Relations Board affirmed its 2012 holding in D. R. Horton, which found an employer violates the NLRA when it requires employees “as condition of their employment, to sign an...more

Ohio’s Sixth District Reverses Order Granting Class Certification

In Gordon v. Erie Islands Resort & Marina, 6th Dist. No. OT-13-040, 2014-Ohio-4970, the Court of Appeals for the Sixth District of Ohio reversed an order granting class certification on the grounds that the trial court failed...more

The Latest on the Use of Retained Asset Accounts to Pay Life Insurance Benefits

In Merrimon v. Unum Life Insurance Co. of America, 2014 WL 2960024 (1st Cir. July 2, 2014), the U.S. Court of Appeals for the First Circuit became the third circuit court to approve an insurance company’s use of a retained...more

State Farm’s Relentless Pursuit to Deny Coverage for TCPA Cases

As policyholder lawyers, one can usually count on a few basic mistakes that insurers will make. First, they wrongfully deny coverage and fail to defend. They abandon their insured who is then left to its own devices to...more

Statistical Sampling in Class Action Trial Violated Defendant's Due Process Rights

In a unanimous decision, the California Supreme Court on May 29 reversed a class action verdict for a class which was based on a flawed statistical model to determine liability and damages. Duran v. U.S. Bank National...more

Recent Appellate Decisions Underscore That Wage And Hour Class Actions Are Alive And Well In California Despite Brinker

Some observers of California wage-and-hour class actions contended that the Brinker v. Superior Court—a key decision we have discussed in the past—had sounded the death knell for class certification in those cases of...more

Pampers Consumer Class Action Settlement Reversed on Appeal

In a 2-1 decision, the U.S. Court of Appeals for the Sixth Circuit vacated a class action settlement approval and certification of a settlement class that treated the named plaintiffs far more favorably than the other class...more

Class Certification Order Reversed For Lacking Findings Of Fact And Conclusions Of Law

In Fidelity National Title Ins. Co. v. Grosso, 110 So. 3d 521 (Fla. 4th DCA 2012), Plaintiffs filed a class action complaint they alleged complied with Florida Rules of Civil Procedure 1.220(a) and 1.220(b)(3). ...more

Class Action Settlement Take-up Significant for Fee Approvals - Lavier v MyTravel Canada Holdings Inc

On February 14, 2013, the Ontario Court of Appeal released its decision in Lavier v MyTravel Canada Holidays Inc, which deals with the approval of class counsel fees in a settled class proceeding. The decision provides some...more

Trial Court Abuses Its Discretion by Forcing Insurer to Bear the Cost of Giving Notice to Putative Class Members

In In re Insurance Installment Fee Cases, 2012 DJDAR 16696 (2012), the California Court of Appeal for the Fourth Appellate District decided an important class action cost recovery issue. The case arose in the insurance...more

Judge Reverses Prior Rulings Dismissing Case and Allows EEOC Disability Suit Against UPS to Proceed

Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more

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