On June 12, 2017, the U.S. District Court for the District of New Jersey denied a motion to dismiss a class action against the American Osteopathic Association (AOA) in Talone v. American Osteopathic Association (No....more
7/19/2017
/ 501(c)(3) ,
Anticompetitive Agreements ,
Antitrust Violations ,
Certification Requirements ,
Class Action ,
Illegal Tying Arranegements ,
Membership Agreements ,
Nonprofits ,
Osteopathic Physicians ,
Popular ,
Sherman Act ,
Trade Associations
On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the...more
1/6/2017
/ Administrative Feasibility ,
Appeals ,
Ascertainable Class ,
Breach of Warranty ,
Class Action ,
Class Certification ,
Consumer Protection Act ,
Due Process ,
False Advertising ,
Forum Shopping ,
FRCP 23 ,
FRCP 23(b)(3) ,
Notice Requirements ,
Split of Authority ,
Unfair or Deceptive Trade Practices
The recent market for artisanal and handcrafted goods has spawned a spate of consumer class actions against makers of popular liquors, including Tito’s Vodka, Maker’s Mark, and Jim Beam, for using terms like “handmade,”...more
Employers and employees are increasingly turning to payroll cards, rather than paper paychecks, to pay and receive their payrolls. However, a class action was filed recently in Pennsylvania challenging certain practices and...more
Continuing its string of recent pro-arbitration decisions, the U.S. Supreme Court handed down a decision enforcing class action waivers in arbitration agreements, even where the plaintiff’s cost of proceeding on an individual...more
Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more
The U.S. Supreme Court, in Standard Fire Insurance Co. v. Knowles, resolved the debate between the plaintiffs’ bar and defense bar regarding whether a class representative’s stipulation that damages would not exceed $5...more