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A Georgia appellate court recently affirmed the grant of class certification in favor of a class of Georgia individuals whose vehicles were booted in locations where no ordinance had been enacted authorizing the booting of...more
Le 27 mars 2024, la Cour d’appel de l’Ontario (la « CAO ») a confirmé, dans le cadre de l’affaire Palmer v. Teva Canada Ltd. (l’« affaire Palmer »), que le droit canadien ne prévoit pas de réparation pour un risque accru de...more
On March 27, 2024, the Ontario Court of Appeal (Court) affirmed in Palmer v. Teva Canada Ltd. (Palmer) that Canadian law does not provide remedies for an increased risk of harm. This ruling is in line with other recent...more
In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being...more
A federal court in Maryland recently granted a motion for class certification by consumers who brought negligence, breach of contract, and consumer protection claims against hotel franchisor Marriott International and data...more
In Banman v. Ontario (“Banman”), the Ontario Superior Court (the “Court”) considered the new preferable procedure criterion of the certification test under the amended Class Proceedings Act, 1992 (“CPA”) in certifying a...more
Plaintiffs Maurice Doire and Joshua Hoye, on behalf of themselves and all others similarly situated, filed a Class Action Complaint and Jury Demand (“Complaint”) on July 26th in the United States District Court of Rhode...more
On February 7, 2023, the Alberta Court of Appeal released its decision in Setoguchi v. Uber B.V., 2023 ABCA 45. In its decision, the Court confirmed the importance of the gatekeeping role of justices at class action...more
In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more
On Tuesday, March 8, Judge Edmund Sargus of the Southern District of Ohio issued an 49-page opinion certifying a class in Hardwick v. 3M Co. This is an important case the Focus on Forever team has its eye on. ...more
On September 24, 2021, the Third Circuit held that a Pennsylvania district court abused its discretion when it certified an “issue” class under Rule 23(c)(4). The Third Circuit adopted the “broad” view taken by a majority of...more
On October 5, 2021, the United States District Court for the Southern District of Illinois denied the plaintiffs’ Motion for Class Certification in Morr v. Plains All American Pipeline, LLC 2021 WL 4478660 (S.D. Illinois,...more
Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more
Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more
Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more
On May 7, 2019, in Kaplan v. Casino Rama Services Inc. (Kaplan), the Ontario Superior Court of Justice refused to certify a privacy class action arising out of a criminal cyberattack that included allegations of breach of...more
Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more
Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more
Over the past two decades, large agricultural operations have become a popular target for plaintiffs’ attorneys. Bringing claims under common law causes of action like negligence, trespass, and especially nuisance based on...more
It’s a common business model in the fast-food industry: a massive restaurant company provides the menu, the marketing—including catchy slogans and a universally recognized logo—and the basic operational standards for the...more
Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more
On September 15, 2015, a federal district court in Minnesota granted a motion for class certification of hundreds of credit unions and banks in an action against Target Corporation for damages stemming from the breach of...more
A California federal district court denied a renewed motion for certification of a nationwide class, holding that the application of California negligence and conversion law would violate the due process rights of...more
This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more
The Georgia Court of Appeals, on July 16, issued its opinion affirming the Effingham County Superior Court’s decision to certify a class consisting of the owners of properties neighboring Georgia-Pacific’s Savannah River...more