News & Analysis as of

Damages Class Action

Littler

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

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In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...more

Blake, Cassels & Graydon LLP

Show Me the Money: B.C. Court of Appeal Affirms Privacy Breach Damages Without Proof of Consequential Loss

On April 23, 2025, in Insurance Corporation of British Columbia v. Ari, the British Columbia Court of Appeal affirmed a class action judgment awarding aggregate damages of C$15,000 per class member without proof of...more

McGlinchey Stafford

Litigation Byte (April 2025 Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

McGlinchey Stafford

SCOTUS to Decide Whether a Class Can Be Certified Despite Some of Members Lacking Damages

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On April 29, 2025, the U.S. Supreme Court heard oral arguments in Laboratory Corporation of America Holdings, d/b/a Labcorp v. Davis et al., No. 24-304 (2025 Term) to determine whether certification is appropriate in a class...more

Katten Muchin Rosenman LLP

SCOTUS Considers Article III Questions with Significant Implications on Class Action Certification

The Supreme Court of the United States (SCOTUS) heard oral argument this week in Labcorp v. Davis (No. 24-304) to determine “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Kilpatrick

Sixth Circuit affirms dismissal of unjust enrichment class action, ruling that airline customer’s purchase of travel assistance...

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Takeaway: Unjust enrichment is one of the most commonly asserted causes of action in class actions seeking compensatory damages. Equitable considerations form the foundation of unjust enrichment claims under the laws of...more

Kilpatrick

Tea Leaves Tell Tales: Jury Awards $2.36 Million for Bigelow's "Manufactured in the USA" Label

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A California jury recently found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming some of its teabags were “Manufactured in the USA.” The company...more

Fox Rothschild LLP

Business Court Assesses Duties to Protect Patient Information Shared Through Electronic Portals

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A Durham County class action asks whether “My Chart,” a widely used portal that medical providers use to communicate with patients about test results, conditions, and treatments should more aptly be labeled “Our Chart.”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Common Law Action/Class Action Complaint: Washington County, Arkansas Circuit Court Action Filed Against Springdale Landfill

Three individuals (collectively, “Plaintiffs”) filed on April 18th a class action Complaint (“Complaint”) against Eco-Vista, LLC (“Eco-Vista”), in the Circuit Court of Washington County, Arkansas. See 72CV-25-1748....more

Vedder Price

TCPA Turnstile: TCPA Litigation Continues to Spring to Life in 2025 (TCPA Update Vol. 20)

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TCPA litigation, like spring flowers, is in full bloom this season. Over the past several months, major decisions have come down related to the FCC’s one-to-one consent rule (which we covered in our last update) as well as...more

Hinch Newman LLP

Court Chops Up Measure of Damages in California CLRA Case for Deceptive “Made in USA” Claims

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A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”), without limitation, violated the Consumer Legal Remedies Act and...more

Faegre Drinker Biddle & Reath LLP

Ten Things to Know About the European Union’s New Product Liability Directive

After it was initially proposed more than two years ago, the European Union passed a new product liability directive (PLD) on Dec. 9, 2024, which prescribes a new legislative framework to expand and modify product liability...more

Hogan Lovells

UK Competition Litigation Quarterly Update: Q1 2025

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It’s been a busy start to 2025 at the Competition Appeal Tribunal, with several key cases and procedural updates shaping the landscape of UK competition litigation. In this edition of UK Competition Litigation Quarterly, our...more

Morrison & Foerster LLP

Jury Returns Verdict in “Manufactured in the USA” False Advertising Case

A jury in the Central District of California recently awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”) violated the Consumer Legal Remedies Act (CLRA), breached an express...more

BakerHostetler

Reading the Tea Leaves: What’s Next for ‘Made in the USA’ Claims?

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A recent jury decision in Banks et al. v. R.C. Bigelow, Inc., et al., Case No. 2:20-cv-06208, in the Central District of California may serve to embolden more consumer class action filings in the Golden State over domestic...more

Kelley Drye & Warren LLP

Jury Awards Tea Drinkers $2.36 Million in Made in USA Dispute

In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the tea leaves are actually...more

Searcy Denney Scarola Barnhart & Shipley

FDA Recalls: How to Stay Informed About Unsafe Products

Unsafe product recalls are alarmingly common. While all companies have a legal obligation to ensure that their products are safe for use or consumption, companies fail to meet this obligation far too often. In many cases,...more

Shook, Hardy & Bacon L.L.P.

Does a Day Matter Under the Massachusetts Wage Act? Contradictory Clauses Causes Court to Contend with Canons of Construction

Recently, in a case of first impression, Judge Angel Kelley of the United States District Court for the District of Massachusetts confronted a “seemingly simple” question on a motion to dismiss: does a difference of one day...more

Morris James LLP

Meningiomas and Depo-Provera: Where to Get Help

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Depo-Provera, a commonly used injectable contraceptive, has been linked to an increased risk of meningiomas, which are a type of brain tumor. If you or someone you know has been diagnosed with a meningioma after using...more

Snell & Wilmer

House Settlement

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One of the most significant legal battles in collegiate athletics recently received another boost. On October 7, 2024, the proposed House v. NCAA settlement received preliminary approval from Judge Claudia Wilken in the...more

A&O Shearman

Private damages activity escalates across key jurisdictions

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In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more

Shipkevich PLLC

New York Attorney General Advances New UDAP Legislation Paving the Way for Stronger State Consumer Protection in Wake of CFPB...

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On Thursday, March 13, 2025, New York Attorney General (“NYAG”) Letitia James advanced newly proposed legislation to better protect consumers and small businesses from unfair, deceptive, and abusive practices (“UDAP”). This...more

Fenwick & West LLP

Pixels, Pennies, and Punishments: Virtual Currency Costs Company $25M

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The house doesn’t always win—a federal jury awarded nearly $25 million in damages to a class of consumers in Washington State after a district court in Larsen v. PTT, LLC determined that certain “social casino” games operated...more

Mayer Brown

Le Patourel v BT – What Can We Learn From the First Trial in a UK Antitrust Class Action?

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On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out...more

Robinson+Cole Class Actions Insider

Data Breach Class Action Settlement Approval Affirmed by Ninth Circuit with Attorneys’ Fee Award Reversed and Remanded

Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees...more

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