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Declaratory Judgments Class Action

Goldberg Segalla

Doomed from the Start: Sixth Circuit Extinguishes Hardwick Class-Action PFAS Litigation

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That was the first sentence of Judge RaymondKethledge’s opinion vacating a district court order that certified a class of over 11 million Ohio residents who alleged various companies put their health at risk by manufacturing...more

A&O Shearman

Representative actions for redress will be possible from October 2023

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The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law comes into force in October 2023. What does the redress action mean for the companies that could...more

Robinson+Cole Data Privacy + Security Insider

Mediant Communications Settles Data Breach Class Action Lawsuit

Last week, Mediant Communications Inc. (Mediant) settled a class action lawsuit in the U.S. District Court for the Southern District of New York stemming from a 2019 data breach in which hackers accessed 200,000 individuals’...more

Sheppard Mullin Richter & Hampton LLP

Fintech Flips Script, Sues California Regulator Over 36% Rate Cap Law

On March 7, a Chicago-based FinTech company  filed a Complaint for Declaratory and Injunctive Relief in Los Angeles County Superior Court against the Commissioner of the California Department of Financial Protection and...more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

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Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more

Manatt, Phelps & Phillips, LLP

Updates from the Wit v. United Behavioral Health ERISA Class Action

Unprecedented Claims Reprocessing Order Stayed Pending Appeal to the Ninth Circuit - On February 1, 2021, Chief Magistrate Judge Joseph C. Spero entered final judgment in Wit v. United Behavioral Health, No. 3:14-cv-2346...more

Rivkin Radler LLP

Insurance Update - March 2021

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In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

Carlton Fields

Eleventh Circuit Explicitly Adopts Distinction Following Hoover to Confirm That Coverage Cannot Be Created Through Waiver or...

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On July 30, 2020, the Eleventh Circuit Court of Appeals in AEGIS Electric & Gas International Services Ltd. v. ECI Management LLC reversed the trial court’s grant of summary judgment in favor of an insurer, AEGIS Electric &...more

Hinshaw & Culbertson - Insights for Insurers

Wisconsin and Minnesota Businesses Seek Coverage for COVID-19 Business Interruption Losses in State and Federal Class Actions

Over the last week, pandemic-related insurance lawsuits have continued to be filed nationwide. Several new notable class action filings were recently submitted in Wisconsin state and federal courts that seek business...more

White and Williams LLP

Indiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class Action

In Greene v. Kenneth R. Will, a CGL insurer recently prevailed in a declaratory judgment action arising from an underlying class action alleging pollution and nuisance claims against the insured, VIM Recycling LLC, an...more

Jones Day

Collective Redress in Europe: Comparing the European and German Framework

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The Situation: In 2018, Germany introduced a model declaratory action giving qualified institutions the right to raise liability claims on behalf of groups of consumers in a representative action. Once the court has issued a...more

Carlton Fields

The Eleventh Circuit Weighs In On The Intersection Of Arbitration And Class Action Jurisprudence

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On September 19th, the Eleventh Circuit Court of Appeals resolved a question of first impression in the circuit: whether the availability of the class action mechanism is a question of arbitrability that presumptively should...more

Jones Day

Germany Introduces Class Actions for Consumer Claims

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The Situation: The German Parliament has approved the Act on Model Declaratory Proceedings ("Act"), which introduces, for the first time, class action-style litigation for consumer claims. The Plan: The Act will give...more

Jones Day

EU Class Actions in the Making

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The Situation: Currently, European law provides only for representative actions to stop or prohibit infringements of EU consumer law, but not for collective redress. As a result, significant differences exist in the...more

Jones Day

German Government Releases Draft Act on Class Actions in Germany

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The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more

Ballard Spahr LLP

Finance Industry Files Lawsuit to Overturn CFPB Arbitration Rule

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The U.S. Chamber of Commerce, American Bankers Association, the Consumer Bankers Association, Financial Services Roundtable, American Financial Services Association, Texas Association of Business, Texas Bankers Association,...more

Benesch

Sixth Circuit Holds That Ascertainability Not a Requirement in Rule 23(B)(2) Class Actions

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On October 17, 2016, in a case of first impression, the Sixth Circuit held that ascertainability is not a requirement in Federal Rule of Civil Procedure 23(b)(2) class actions. The Sixth Circuit joined three other Circuits...more

Proskauer - Corporate Defense and Disputes

Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution –...more

Foley Hoag LLP - Making Your Mark

Happy Birthday To Me: An Iconic Song Enters The Public Domain After Copyright Settlement

As I turn 50 years old this week, I can’t help but think of the famous Happy Birthday song and the class action that resulted in its entering the public domain earlier this year. The class action plaintiffs in that case...more

Carlton Fields

Disgruntled Timeshare Owner’s Bid for Class Arbitration Thwarted

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On August 30, the Northern District of California thwarted a disgruntled timeshare owner’s attempt to arbitrate her dispute against a timeshare developer on a classwide basis. A timeshare purchaser alleged that Wyndham, the...more

Carlton Fields

Third Circuit Slams The Door On Coverage For The Cost of Defending Excluded Claims—Then Leaves It Wide Open

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An insured corporation settles a class action, and a portion of the settlement pays the plaintiffs’ attorneys. Payments to the class are excluded from coverage under the terms of the corporation’s liability policy. But can...more

Seyfarth Shaw LLP

Court Dismisses Police Officers’ Class Action Complaint Regarding Anti-Tattoo Policy

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In a recent order in Medici, et al. v. City of Chicago, Case No. 15 C 5891, 2015 WL 6501153 (N.D. Ill. Oct. 27, 2015), Judge Charles P. Kocoras of the U.S. District Court for the Northern District of Illinois dismissed a...more

Ballard Spahr LLP

Pennsylvania County Recorder Cannot Sue MERS for Failure to Record Mortgage Assignments, Third Circuit Rules in Overturning...

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The U.S. Court of Appeals for the Third Circuit has ruled that Pennsylvania’s recording statute does not require the recording of all conveyances. As a result, the Third Circuit reversed the district court’s refusal to enter...more

Davis Wright Tremaine LLP

FCC Chairman Issues Fact Sheet Announcing Proposed Omnibus Declaratory Rulings to Address TCPA Petitions

On Wednesday, May 27, 2015, the FCC released a Fact Sheet announcing that Chairman Wheeler circulated a proposal to the other Commissioners for resolution of two dozen pending petitions seeking clarification of the FCC’s...more

Carlton Fields

Wait A Minute, Mr. Postman: Tenth Circuit Applies Statutory-Violation Exclusion To Junk Fax Claims That Try To Skirt The TCPA

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Enacted in 1991, the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), inaugurated the era of “junk fax” class actions, in which recipients of mass fax advertisements may pursue statutory damages of $500 per class...more

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