In Comcast v. Behrend, 569 U.S. 27 (2013), the United States Supreme Court clarified the requirements for establishing that classwide injury and damages predominate over individual issues for the purposes of FRCP 23(b)(3). In...more
Retailers offering online, telephone or catalog purchases may want to review the shipping fees charged to their customers in the wake of several class actions recently filed in California. Multiple retailers have been hit...more
On Jan. 3, in Briseno v. Conagra Foods, Inc., Case No. 15-55727, the Ninth Circuit Court of Appeals held that Fed. R. Civ. P. 23 does not require class representatives to demonstrate that there is an “administratively...more
The BakerHostetler 2015 Class Action Year-End Review offers a summary of some of the key developments in class-action litigation during the past year. The 2015 Year-End Review is a joint project of the firm’s Class Action...more
2/24/2016
/ Antitrust Litigation ,
Ascertainable Class ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Consumer Financial Protection Bureau (CFPB) ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Popular ,
RESPA ,
Standing ,
TCPA
On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more
10/29/2015
/ Cell Phones ,
Class Action ,
FCC ,
Privacy Laws ,
Right to Privacy ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Vacated ,
Yahoo!
Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more
On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more
7/16/2015
/ Advertising ,
Banking Sector ,
Banks ,
CAN-SPAM Act ,
Class Action ,
Data Breach ,
Debt Collection ,
Debt Collectors ,
Exemptions ,
FCC ,
Financial Institutions ,
Health Care Providers ,
Healthcare ,
Notifications ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to...more
On June 2, 2014, the United States Court of Appeals for the Seventh Circuit rejected a class action settlement in Eubank v. Pella Corp., Nos. 13-2091, -2133, 2136, -2162, 2202 (7th Cir., June 2, 2014) that the Court labeled...more