GC Services Limited Partnership (“GC Services”), a debt collector hired by a bank to collect an allegedly unpaid balance on a credit card, advised plaintiff Francina Smith (“Smith”) that it would commence a collection...more
The First Circuit recently held that an arbitration clause contained in the online contract of the ride sharing app, Uber Technologies, Inc., is unenforceable under Massachusetts law. ...more
7/24/2018
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Mobile Apps ,
Motion to Compel ,
Online Contracts ,
Sharing Economy ,
Terms of Service ,
Uber ,
Unenforceable Contract Terms
In sum, the case involves five consolidated class actions brought in Florida federal court against banks by bank customers in 2008 and 2009 alleging that they were unlawfully charged overdraft fees....more
In this case, the question presented was whether a court or an arbitrator should determine whether an arbitration agreement authorizes class arbitration. The U.S. Supreme Court has not yet resolved this issue. Several circuit...more
The Sixth Circuit enforced a National Labor Relations Board’s (“NLRB”) order finding that Alternative Entertainment Inc., a Michigan-based satellite television retailer, violated the National Labor Relations Act (“NLRA”) by...more
This action involved a class action suit brought in New Jersey federal court. The complaint alleged that plaintiff David Noble saw Samsung advertisements stating that the Samsung smartwatch’s battery lasted 24 to 48 hours...more
3/30/2017
/ Arbitration ,
Arbitration Agreements ,
Breach of Warranty ,
Class Action ,
Common Law Claims ,
Contract Terms ,
Negligent Misrepresentation ,
Samsung ,
Smart Devices ,
Technology Sector ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
This dispute involves two cable subscribers (Andrew Alwert and Stanley Freedman) who filed putative class actions against Cox Communications Inc. for allegedly tying monthly set-top box payments to its premium cable services....more
This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber Technologies, Inc., alleging that Kalanick “orchestrated and participated in...more
8/30/2016
/ Algorithms ,
Antitrust Conspiracies ,
Class Action ,
Contract Terms ,
Internet ,
Mandatory Arbitration Clauses ,
Mobile Apps ,
Motion for Reconsideration ,
Motion to Dismiss ,
Putative Class Actions ,
Sharing Economy ,
Terms of Service ,
Uber
The California Supreme Court has held that an arbitrator, rather than a court, has the power to decide whether class claims can proceed in arbitration, where the parties’ arbitration agreement is ambiguous on the question....more
8/8/2016
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Federal Arbitration Act ,
Harassment ,
Mandatory Arbitration Clauses ,
Race Discrimination ,
Retaliation
In this class action lawsuit in a California federal court, Shasta Linen Company and all those similarly situated brought an action against Applied Underwriters, Inc. and its affiliate entities. Shasta Linen alleges that the...more
In this case, Jeffrey Hedrick brought an action in Kansas federal court on behalf of himself and others similarly situated under the Fair Labor Standards Act (“FLSA”) against BNC National Bank, Hedrick’s employer. The bank...more
This case involves a class action filed in a Virginia district court against Delbert Services Corporation, the servicing agent of certain loans, for which the plaintiffs claimed that Delbert’s unfair debt collection practices...more
This dispute involves class action claims under RICO, claims for unjust enrichment and allegations that Bank of America and its affiliate reinsurer engaged in a conspiracy to defraud home mortgage borrowers into funding sham...more