News & Analysis as of

Fee-Shifting Class Action

Fox Rothschild LLP

Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?

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I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved. A defendant employer not only has to pay his lawyer’s fees but it also faces...more

Fox Rothschild LLP

Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!

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A big part of defending any wage hour case and settling such a case is the issue of attorneys’ fees for the plaintiff’s lawyer. Plaintiff attorneys are always having grandiose notions of what they are entitled to and these...more

Ballard Spahr LLP

Ninth Circuit Curtails Consumers’ Class Claims Under the Magnuson-Moss Warranty Act

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Resolving an issue of first impression before it, the United States Court of Appeals for the Ninth Circuit held that the Class Action Fairness Act of 2005 (CAFA) “may not be used to evade the specific numerosity requirement”...more

Ballard Spahr LLP

Consumer Advocates’ Proposed “Arbitration Multiplier” Is a Wolf in Sheep’s Clothing

Ballard Spahr LLP on

According to a forthcoming article by Professors Andrea Chandrasekher and David Horton in the California Law Review, more consumers and their lawyers would take advantage of individual arbitration if states enacted...more

Kilpatrick

Ridgeway v. Walmart Stores, Inc. – A Reminder That There Are Few Bright Line Rules in Class Action Attorneys’ Fees Awards.

Kilpatrick on

On September 14, 2017, the Northern District of California entered its order awarding attorneys’ fees to plaintiffs’ class action counsel in Ridgeway v. Walmart Stores, Inc., No. 08-cv-05221-SI, 2017 WL 4071293 (N.D. Cal....more

Bass, Berry & Sims PLC

In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

Bass, Berry & Sims PLC on

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more

McGuireWoods LLP

Highlights from the ABA Institute on Class Actions

McGuireWoods LLP on

Last week I had the good fortune to attend the ABA’s Institute on Class Actions in New Orleans. It’s usually a great combination of legal talent, and it’s noted for the depth and quality of its panels. Among this year’s...more

Proskauer - Corporate Defense and Disputes

Southern District of Florida Case Challenging Bylaw Requiring Minimum Stake to Sue Dismissed

As we have previously discussed, there has been a growing trend of corporations’ adopting various types of bylaws to define the bounds of shareholder litigation. These include forum-selection bylaws and fee-shifting bylaws...more

Brooks Pierce

Two Cases From NC Business Court: Class Action Fees Doubled And Expedited Discovery Denied

Brooks Pierce on

Last week (well, two weeks ago, I'm kind of behind) seemed like class action week at the Business Court. Judge Gale issued three rulings in class action cases. ...more

Sheppard Mullin Richter & Hampton LLP

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

King & Spalding

Business Lit Ledger - Fall 2015

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In this Fall issue of our newsletter, you will find a review of several significant legal developments. For example, our antitrust group reviews actions taken by the Federal Trade Commission and the Department of Justice...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside The Courts - May 2014 | Volume 6 | Issue 2

In This Issue: - AUDITOR LIABILITY: ..Athale v. Sinotech Energy Ltd., No. 11 Civ. 05831(AJN) (S.D.N.Y. Feb. 21, 2014) - BYLAWS: ..ATP Tour, Inc. v. Deutscher Tennis Bund (German Tennis...more

Carlton Fields

Proposals For Settlement: How To Draft Ones That Will Stick And How To Deal With Them When They Land On Your Desk

Carlton Fields on

In This Presentation: - Offer of Judgment Statutes - 768.79 Offers - Rule 1.442 - What does an OJ include? - Shifting Defendant’s Fees - 768.79 Language - Shifting Plaintiff’s Fees - Subsequent Offers -...more

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