Seyfarth Synopsis: In Savage, et al. v. The City of Springfield, Case No. 3:18-CV-30614, 2022 LEXIS 124587 (D. Mass. July 14, 2022), a federal court in Massachusetts recently denied Plaintiffs’ motion for class...more
Seyfarth Synopsis: On September 17, 2021, the Illinois Appellate Court issued its highly-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sept. 17, 2021), on whether a one-year...more
Seyfarth Synopsis: In Handloser v. HCL Technologies LTD, No. 19-CV-1242, 2021 U.S. Dist. LEXIS 45183 (N.D. Cal. Mar. 9, 2021), Plaintiffs alleged that an Indian-based company with its U.S. headquarters in California gave...more
Seyfarth Synopsis: After a defendant in a biometric privacy class action lawsuit unilaterally implemented an arbitration clause, a federal court in Illinois granted the company’s motion to compel arbitration, holding that...more
5/22/2020
/ Arbitration ,
Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Action Arbitration Waivers ,
Data Collection ,
Data Protection ,
Facial Recognition Technology ,
Personally Identifiable Information ,
Shutterfly
Seyfarth Synopsis: Plaintiffs’ lawyers reached a landmark $550 million settlement in January 2020 in a lawsuit against Facebook by consumers in a class action brought under the Illinois Biometric Information Privacy Act (the...more
5/15/2020
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Personal Data ,
Personally Identifiable Information ,
Settlement ,
Social Media ,
Standing
Seyfarth Synopsis: In a class action lawsuit alleging multiple fraud claims, a federal court in Illinois granted the plaintiff’s motion to sanction the defendants for interfering with the class notice process by encouraging...more
Seyfarth Synopsis: The Illinois Supreme Court recently affirmed a state appellate court’s holding that in class action lawsuits, an effective tender made before a named plaintiff files a class certification motion satisfies...more
2/28/2020
/ Attorney's Fees ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
IL Supreme Court ,
Mootness ,
Real Estate Market ,
Rental Property ,
Statutory Violations ,
Tender Rules
Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more
1/16/2020
/ Americans with Disabilities Act (ADA) ,
Class Action ,
Class Certification ,
Class Members ,
Disability Discrimination ,
Discovery ,
Employer Liability Issues ,
FRCP 23 ,
FRCP 23(a) ,
FRCP 23(b)(2) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Lost Evidence ,
Numerosity ,
Psychiatric Hospitals ,
Rape ,
Reasonable Accommodation ,
Rehabilitation Act ,
Section 504 ,
Sexual Assault
Seyfarth Synopsis: Over the last few years, Illinois companies have quickly become aware of the risks associated with the state’s unique biometric privacy law. Originally passed in 2008, the Illinois Biometric Information...more
7/2/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
Popular
Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more
3/29/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Fingerprints ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
Proposed Legislation
Seyfarth Synopsis: The Illinois Supreme Court held in its first ever ruling concerning the state’s Biometric Information Privacy Act (“BIPA”) that a person need not have sustained actual damage beyond technical violations of...more
Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more
8/21/2018
/ Battery ,
Civil Conspiracy ,
Class Action ,
Class Certification ,
Contaminated Properties ,
Contamination ,
En Banc Review ,
Fraudulent Concealment ,
FRCP 23(b)(3) ,
FRCP 23(c)(4) ,
Groundwater ,
Hazardous Substances ,
Litigation Strategies ,
Negligence ,
Negligent Misrepresentation ,
Petition For Rehearing ,
Private Nuisance ,
Strict Liability ,
Trespass ,
Unjust Enrichment
Seyfarth Synopsis: In a lawsuit brought by a plaintiff class action firm alleging that objectors to class action settlements violated both RICO and Illinois state law by filing frivolous objections in order to seek payouts,...more
8/6/2018
/ Abuse of Process ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Diversity Jurisdiction ,
FRCP 23 ,
Injunctive Relief ,
Motion to Dismiss ,
Objections ,
Putative Class Actions ,
Racketeering ,
Reversal ,
RICO ,
Settlement ,
State Law Claims ,
Subject Matter Jurisdiction ,
Supplemental Jurisdiction ,
Unauthorized Practice of Law
Seyfarth Synopsis: In an Equal Pay Act collective action lawsuit brought by female school crossing guards against the City of New York, who alleged they were paid less than male traffic enforcement agents, a federal district...more
5/7/2018
/ Class Action ,
Collective Actions ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Labor Law Violations ,
NYCHRL ,
NYSHRL ,
State Labor Laws ,
Wage and Hour
Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more
3/15/2018
/ ADEA ,
Age Discrimination ,
But For Causation ,
Civil Rights Act ,
Class Action ,
Class Certification ,
Disparate Treatment ,
Educational Institutions ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Law Violations ,
State and Local Government ,
State Labor Laws ,
Summary Judgment ,
Title VII
Seyfarth Synopsis: In a nationwide consumer fraud class action involving false labeling claims under various state laws, a federal district court in Illinois granted the company’s motion to dismiss claims relative to a...more
1/24/2018
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Consumer Fraud ,
Corporate Counsel ,
Damages ,
Dietary Supplements ,
Employment Litigation ,
False Advertising ,
Injunctive Relief ,
Jurisdiction ,
Motion to Dismiss ,
Non-Residents ,
Pharmaceutical Industry ,
Product Labels
Seyfarth Synopsis: In a class action asserting claims for breach of contract, unjust enrichment, and statutory fraud in regards to the sale of general-use, pre-paid gift cards, the Seventh Circuit affirmed the final approval...more
12/21/2017
/ American Express ,
Appeals ,
Attorney's Fees ,
Breach of Contract ,
Class Action ,
Employer Liability Issues ,
Fraud ,
Legal Costs ,
Prepaid Payment Products ,
Settlement Agreements ,
Unjust Enrichment
Seyfarth Synopsis: In an EEOC lawsuit alleging that an employer failed to reasonably accommodate its Muslim employees’ requests for prayer breaks, a federal court in Colorado granted the EEOC’s motion for sanctions — as a...more
8/8/2017
/ Class Action ,
Corporate Counsel ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Motion for Sanctions ,
Religious Accommodation ,
Religious Discrimination ,
Retaliation
Seyfarth Synopsis: Four African-American teachers alleged that their school district employer discriminated against them on the basis of race by failing to hire them as assistant principals, and filed a motion for class...more
Seyfarth Synopsis: American and international courts have been debating the tentative legality of disclosing third-party litigation funding. In this vlog video, Seyfarth Shaw Associate Alex Karasik sits down with class action...more
Seyfarth Synopsis: In a class action alleging that the criminal background policy of Washington D.C.’s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three...more
4/11/2017
/ Class Action ,
Class Certification ,
Criminal Background Checks ,
Discrimination ,
Employer Liability Issues ,
FRCP 23 ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Transit Authority ,
Transportation Industry
Seyfarth Synopsis: In a first-of-its kind ruling, an employer recently secured the dismissal with prejudice of what is believed to be one of the first Telephone Consumer Protection Act class actions ever brought against a...more
Seyfarth Synopsis: After the City of Jacksonville stopped following a class action consent decree that required it to hire a proportionate number of black and white firefighters, the U.S. Court of Appeal for the Eleventh...more
8/31/2016
/ Affirmative Action ,
Class Action ,
Consent Decrees ,
Contempt ,
Corporate Counsel ,
Firemen ,
Judicial Dissolution ,
Laches ,
Motion to Show Cause ,
Public Employees ,
Race Discrimination ,
Unduly Prejudicial
Seyfarth Synopsis: The increasingly common practice of third-party funding of class actions, which provides tax incentives to plaintiffs’ attorneys and third-party funders alike, may no longer be protected under...more
8/10/2016
/ Chevron ,
Class Action ,
Class Certification ,
Class Representatives ,
Corporate Counsel ,
Document Productions ,
Explosions ,
Litigation Funding ,
Motion to Compel ,
Nigeria ,
Oil & Gas ,
Tax Incentives ,
Third Party Funding ,
Young Lawyers
As we blogged earlier this week, the death of U.S. Supreme Court Justice Antonin Scalia on February 13 has sent shockwaves throughout the halls of power in Washington, D.C. The balance within the U.S. Supreme Court between...more