The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the...more
6/30/2014
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
In an abrupt but not unexpected reversal, the Massachusetts Supreme Judicial Court (SJC) has been forced to change its position on class action waivers in arbitration agreements in light of a new decision by the U.S. Supreme...more
When a person agrees to a contract that prohibits class-wide proceedings — whether in court or in arbitration — can a court refuse to enforce that contract because it would make no economic sense for an individual to spend...more
In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that...more
6/15/2013
/ Class Action ,
Class Certification ,
Clickwrap Agreements ,
Computer Fraud and Abuse Act (CFAA) ,
Data Collection ,
ECPA ,
Harris v comScore ,
Software ,
Stored Communications Act ,
Unjust Enrichment ,
Web Tracking
California Attorney General Kamala Harris’ attempt to bring an enforcement action against Delta Air Lines, Inc. won’t be leaving the runway. California Superior Court Judge Marla J. Miller has dismissed a data privacy...more
In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...more
In AT&T Mobility LLC v. AU Optronics Corp., Ninth Circuit Case No. 11-16188 (Feb. 14, 2013), the Ninth Circuit held that California’s antitrust law, the Cartwright Act, could apply to a price fixing conspiracy of LCD panels...more
The California Supreme Court, in Aryeh v. Canon Business Solutions, Inc., 2013 WL 263509 (January 24, 2013), resolved a split in the lower appellate courts over the applicability of common law rules of accrual to the statute...more
Delta Airlines, Inc. may have to pay fines equal to 20 “excess bag” fees for each user that has downloaded its “Fly Delta” mobile application. California Attorney General Kamala Harris has filed a complaint against Delta,...more