On May 8, 2024, the California Attorney General’s Office issued highly anticipated guidance on Senate Bill 478 (SB 478), also known as the “Hidden Fees Statute.” This law, set to go into effect on July 1, 2024, seeks to put...more
“If adopted and implemented by the agencies, the measures [in Biden’s executive order] would amount to the toughest antitrust enforcement that we’ve seen in the U.S. in decades.”
The award-winning women partners of...more
The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v....more
4/9/2021
/ Article III ,
Class Action ,
Class Certification ,
Consumer Reports ,
Credit Reports ,
Creditors ,
Fair Credit Reporting Act (FCRA) ,
Federal Rules of Civil Procedure ,
Office of Foreign Assets Control (OFAC) ,
Oral Argument ,
SCOTUS ,
Statutory Damages ,
Substantial Risk of Harm ,
TransUnion LLC v Ramirez ,
Tyson Foods v Bouaphakeo ,
Uninjured Class Members
Several months into the widespread business closures and event cancellations resulting from the COVID 19 pandemic, we have seen businesses adopt a range of strategies to respond. Those strategies, in addition to the closures...more
On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context. Hyundai II preserves...more
The United States Supreme Court continued the pro-arbitration trend in its jurisprudence, as well as its strict construction of the Federal Arbitration Act, in its unanimous decision in Henry Schein, Inc. v. Archer & White...more
A New York federal court has held that a defendant’s payment of the amount of plaintiff’s TCPA claim plus costs to the clerk of the court required entry of judgment for the plaintiff and ended the case. Leyse v. Lifetime...more
Yesterday, the U.S. Supreme Court issued a 6-2 decision affirming a $2.9 million judgment against Tyson Foods, Inc. in an employment overtime pay case where statistical sampling was used to establish classwide liability and...more
3/25/2016
/ Admissible Evidence ,
Calculation of Damages ,
Class Action ,
Class Certification ,
Class Members ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
In Campbell-Ewald v. Gomez, __ S.Ct. __ (Jan. 20, 2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief did not moot a class plaintiff’s claim or require dismissal of the action. ...more
The Ninth Circuit has held that a district court abused its discretion in certifying a class based on allegedly false health claims because not all class members saw the advertising. The Ninth Circuit said that the trial...more
A New Jersey federal court ruled that plaintiffs once again failed to demonstrate the ascertainability of a class of purchasers seeking to challenge “all natural” claims by the makers of Skinnygirl Margarita. Stewart v. Beam...more
The Northern District of California recently issued Procedural Guidance for Class Action Settlements. The court notes that failure to address the issues in the guidance “may result in unnecessary delay, or even failure, of...more