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Class Action › Retroactive Application

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
McGlinchey Stafford

Court Finds That Amendment To BIPA Limiting Damages Does Not Apply Retroactively

McGlinchey Stafford on

A district court in Illinois has ruled that an amendment to the Illinois Biometric Information Privacy Act (BIPA) regarding a limitation on damages does not apply retroactively. Background - Plaintiff filed a class action...more

Husch Blackwell LLP

Federal Judge Certifies Interlocutory Appeal on Retroactivity of BIPA Amendments

Husch Blackwell LLP on

On June 10, 2025, Judge Georgia N. Alexakis of the U.S. District Court for the Northern District of Illinois issued an order allowing the defendant in an Illinois Biometric Information Privacy Act (BIPA) action to immediately...more

Venable LLP

Florida Adopts Changes to the Florida Telephone Solicitation Act

Venable LLP on

Last month, Florida governor Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act (FTSA) that scale back the scope and reach of the statute, bringing it in line with federal TCPA standards and...more

Miller Canfield

Michigan Court of Appeals Upholds Taxpayer Recovery of Excess Tax Foreclosure Proceeds, Bars Multi-County Class Actions

Miller Canfield on

Key Takeaways - ..The Michigan Court of Appeals rejected an effort to allow class action recovery of excess proceeds from the sale of tax foreclosed properties. ..The Court ruled that the Michigan Supreme Court's 2020...more

Ervin Cohen & Jessup LLP

California Supreme Court Issues Retroactive Decision on Calculating Meal and Rest Break Premium Pay

Ervin Cohen & Jessup LLP on

Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more

Sheppard Mullin Richter & Hampton LLP

The Future of Independent Contractors: Ninth Circuit Applies Dynamex Retroactively and the DLSE Issues Opinion Letter Expanding...

Sheppard Mullin Richter & Hampton LLP on

Last year, the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court of Los Angeles, a landmark decision that dramatically increased the risk of misclassifying individuals as independent...more

Hogan Lovells

Ninth Circuit Finds California’s Dynamex’s “ABC test” for the Proper Classification of Independent Contractors Applies...

Hogan Lovells on

In Vazquez v. Jan-Pro Franchising Int’l, Inc., the Ninth Circuit revived a decade old wage and hour class action and simultaneously dealt a blow to many employers utilizing independent contractors by holding that California...more

Fisher Phillips

State Court Concludes ABC Test Should Be Applied Retroactively

Fisher Phillips on

You remember the game-changing, earth-shattering, monumental decision from the California Supreme Court a few months ago that fundamentally changes the test to determine whether your workers are independent contractors or...more

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