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Employment Law Issues for Health Care Employers
Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend
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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more
The District of Massachusetts recently issued an opinion decertifying a class of medical students formerly enrolled at Saba University School of Medicine, a for-profit medical school in the Dutch Caribbean that is...more
Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more
The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions....more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more
A recent decision denying class certification in the Northern District of Illinois highlights the importance for class action defendants of challenging a named plaintiff’s damages expert as part of a strategy for opposing...more
Highlights from this issue include: Affirmative Defenses. The Second Circuit held the district court erred in certifying a class alleging ERISA violations because it did not consider Defendant’s affirmative defenses in...more
On December 1, 2022, the U.S. Court of Appeals for the Second Circuit vacated and remanded a district court’s decision to certify a class of more than 200,000 retirees alleging that collateralized loans serviced by the...more
Numerous class action suits have been filed against auto insurers regarding the valuation of vehicles that are total losses. These cases typically allege that insurers are undervaluing vehicles in some common way or in...more
A federal district court in Florida denied a plaintiff’s motion for class certification in a putative class action asserting claims on behalf of ticket purchasers against Viagogo, a secondary ticket marketplace platform, for...more
In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more
Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class...more
On March 19, 2020, Magistrate Judge Goodman recommended certifying a Florida class of purchasers of Prevagen, a memory-enhancement product developed by Quincy Bioscience, LLC....more
Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more
A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels. In Waste Pro USA v. Vision Construction Ent., Inc., a Florida...more
Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more
In the Third and Eleventh Circuits, Ascertainability Continues to be a Major Certification Hurdle - In Re: Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 2:11-cv-07382, 2018 WL 497071 (D.N.J. Jan. 22, 2018)....more
In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing’s request for leave to appeal a grant of class certification to a consumer class claiming that the company’s branding...more
The saying goes, knowledge equals power. For plaintiffs asserting claims for injunctive relief on behalf of putative classes, however, the Mott’s Apple Juice case demonstrates just the opposite....more
On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more
When the Third Circuit Court of Appeals issued its decision in City Select Auto Sales Inc. v. BMW Bank of North America, Inc., in the middle of last year, many interpreted the decision as significantly lowering the bar to...more
This is the 14th 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 issued...more
On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the...more
2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more
On September 30, the Ninth Circuit Court of Appeals reversed in part a district court decision granting summary judgment to Dole Packaged Foods, LLC (“Dole”), finding that a reasonable fact finder could conclude that Dole’s...more