News & Analysis as of

Appeals Opt-Outs

Ballard Spahr LLP

Colorado appeals to Tenth Circuit from Federal District Court order granting plaintiffs’ motion for a preliminary injunction in...

Ballard Spahr LLP on

On the very last day for filing an appeal, the Colorado Attorney General and UCCC Administrator filed a Notice of Appeal to the Tenth Circuit Court of Appeals of the Colorado federal district court’s order in favor of the...more

Smart & Biggar

Supreme Court of Canada agrees to hear challenge to “multi-Crown” class actions under the BC Opioid Damages and Health Care Costs...

Smart & Biggar on

The Supreme Court of Canada has granted Sanis Health, Shoppers Drug Mart, Sandoz Canada, and McKesson Canada leave to appeal Sandoz Canada v British Columbia, 2023 BCCA 306. The parties are defendants in a proposed class...more

Stikeman Elliott LLP

Extending the Time to Opt Out of a Class Action? Ontario Court of Appeal Provides Guidance on Applicable Test

Stikeman Elliott LLP on

In Johnson v. Ontario, the Ontario Court of Appeal (the “Court”) allowed for the extension of time within which the appellant could opt out of a class action. In doing so, the Court provided welcome appellate guidance on the...more

McDermott Will & Emery

Colorado Attorney General’s Office Issues Draft Colorado Privacy Act Regulations

McDermott Will & Emery on

On September 30, 2022, the Colorado Attorney General’s Office (the AG’s Office) released draft regulations to the Colorado Privacy Act (the CPA). Before these proposed regulations take effect, however, there will be a lengthy...more

Faegre Drinker Biddle & Reath LLP

Louisiana Secures Temporary Injunction in Connection with the SHIP Rehabilitation Plan

Senior Health Insurance Company of Pennsylvania (“SHIP”) was placed in rehabilitation in Pennsylvania in January 2020. On August 24, 2021, the Commonwealth Court of Pennsylvania approved the Rehabilitation Plan (the “Plan”),...more

White & Case LLP

Opting In (or Out): FERC’s Approach to Integrating Electric Storage and Distributed Energy Resources

White & Case LLP on

In a breakthrough final rule, the Federal Energy Regulatory Commission carves out space in wholesale markets for the aggregation of distributed energy resources. Earlier in the summer, the US Court of Appeals for the DC...more

Benesch

TCPA Fax Class Action Doomed: Fax Number on Business Card Constitutes Consent

Benesch on

Since the enactment of the Telephone Consumer Protection Act (“TCPA”), the FCC has long held that persons who knowingly and voluntarily release their telephone numbers have provided prior express consent to be called. But...more

Sheppard Mullin Richter & Hampton LLP

Third Circuit Holds that SLUSA Does Not Preclude Class Action Opt-Outs from Pursuing Individual Actions

In North Sound Capital, LLC v. Merck & Co, Inc., No. 18-2317, 2019 WL 4309663, 2019 U.S. App. LEXIS 27518 (3d Cir. Sept. 12, 2019), the United States Court of Appeals for the Third Circuit reversed a New Jersey district court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - June 2019

In this month's edition of our Privacy & Cybersecurity Update, we reflect on the GDPR's one-year anniversary while also examining the EU's new Cybersecurity Act. We also take a look at HHS' new guidance on direct liability of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Merricks v Mastercard: UK Class Actions Back Under the Spotlight

The English Courts have reignited the prospects of a £14 billion class action against Mastercard. In a much anticipated ruling, on 16 April 2019, the Court of Appeal of England and Wales (the Court) granted an appeal by...more

Morrison & Foerster LLP

Financial Services Report – Winter 2018

Morrison & Foerster LLP on

In between holiday shopping and merriment, we here at the Financial Services Report are pondering what’s in a name. Not much, said Shakespeare. Isaac Asimov begged to differ in a mystery story about who killed one of the...more

Dorsey & Whitney LLP

TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts

Dorsey & Whitney LLP on

If you follow daily TCPA news like we do, your head is probably spinning from this week’s developments. We normally digest TCPA developments for our readers in a monthly e-newsletter....more

Payne & Fears

Ninth Circuit Reverses Grant of Class Certification and Denial of Motions to Compel Arbitration in Several Uber Class Actions

Payne & Fears on

In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more

Winstead PC

Post-Flores v. City of San Gabriel: What Other Benefits Should Employers Be Wary Of

Winstead PC on

Flores v. City of San Gabriel altered the way employers consider opt-out payments to employees for not taking health insurance.1 The U.S. Court of Appeals for the Ninth Circuit determined that opt-out payments were required...more

Fisher Phillips

Web Exclusive - High Court’s Arbitration Ruling Provides Sigh Of Relief For Healthcare Employers

Fisher Phillips on

A few months ago, the Supreme Court ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act and are, in fact, fully enforceable. The decision...more

Burr & Forman

Eighth Circuit Holds Deficient Fax Opt-Out Notice Does Create Case or Controversy

Burr & Forman on

St. Louis Heart Center, Inc. v. Nomax, Inc., No. 19-1794, 2018 WL 3719694 (8th Cir. Aug. 6, 2018) - Plaintiff filed a class action lawsuit in state court, alleging Defendant sent it 12 fax advertisements without including...more

McDermott Will & Emery

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

McDermott Will & Emery on

Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

Akin Gump Strauss Hauer & Feld LLP

ACA International v. F.C.C., et al.

• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more

Dorsey & Whitney LLP

New York District Court Applies Reyes to Squash TCPA Suit Based Upon Consent Terms Built into Sallie Mae TCPA Class Action...

Dorsey & Whitney LLP on

The Sallie Mae class settlement continues to pay major dividends for Navient Solutions (“Navient”), one of the nation’s most liberal dispensers of automated debt collection phone calls. Back in 2012, Navient—then known as...more

Goodwin

Second Circuit Holds that Contractually-Given Consent Cannot be Revoked Under TCPA

Goodwin on

On June 22, 2017, the Second Circuit decided Reyes v. Lincoln Automotive Financial Services, No. 16-2104—a decision which is a win for the TCPA defense bar. In Reyes, the Second Circuit held that, once a consumer consents to...more

Eversheds Sutherland (US) LLP

Locked-In: TCPA Consent Not Revocable If a Term of Contract

Consent to be contacted under the Telephone Consumer Protection Act (TCPA) is not revocable if included as a term of a written contract, according to a decision by the US Court of Appeals for the Second Circuit in Reyes v....more

Proskauer - Corporate Defense and Disputes

Dutch Court Denies Approval of Collective Settlement Unless Changes Are Made as to Allocation of Compensation and Fees

The Amsterdam Court of Appeal denied approval of the €1.204 billion collective settlement of former Fortis (now Ageas) shareholders’ claims unless the parties agree to restructure the allocation of the settlement amount among...more

Eversheds Sutherland (US) LLP

Opting Out: TCPA Fax Opt-Out Requirement Struck Down—D.C. Circuit Says FCC Can’t Require Opt-Out Notices on Solicited Faxes

The US Court of Appeals for the D.C. Circuit invalidated a rule issued by the Federal Communications Commission (FCC) in 2006 requiring businesses to include opt-out notices when the recipient has consented to receive the...more

Mintz - Securities Litigation Viewpoints

Briefs Filed in CalPERS v. ANZ Securities

On February 27, 2017, the California Public Employees’ Retirement System (“CalPERS”) filed its brief with the Supreme Court, requesting that the Court reverse the decision of the Second Circuit and abrogate the Second...more

Mintz - Securities Litigation Viewpoints

In GAMCO v. Vivendi, the Second Circuit Affirms that Value Investors Can Rely on the Fraud-on-the-Market Presumption Unless...

On September 27, 2016, the Second Circuit ruled against an opt-out action brought in the continuing Vivendi litigation. The recently issued opinion, however, does have positive implications for institutional investor class...more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide