Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against companies who own and/or operate fitness and health clubs. The lawsuits seek refunds of assessed...more
7/27/2020
/ Arbitration ,
Breach of Contract ,
CAFA ,
Choice-of-Law ,
Choice-of-Venue ,
Class Action ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Impossibility ,
Impracticability
Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result. Yesterday, the...more
Last week, a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation[1] vacated the certification of a nationwide class for settlement purposes because the district court failed to address choice-of-law...more
2/5/2018
/ Advertising ,
CAFA ,
Choice-of-Law ,
Class Action ,
Class Certification ,
Environmental Protection Agency (EPA) ,
Erie Doctrine ,
FRCP 23(b)(3) ,
Hyundai ,
Kia ,
Predominance Requirement