News & Analysis as of

Injunctions Class Action

Hogan Lovells

A proposed EU-wide representative action may blur legal boundaries around collective actions

by Hogan Lovells on

The European Commission is proposing a directive that would repeal the existing Injunctions Directive and require European Union (EU) member states to introduce into their national laws representative actions for the...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Department of Justice Will Likely Become More Active in Reviewing Proposed Class Action Settlements

• The DOJ has streamlined its process for reviewing CAFA settlement notices. • The DOJ will likely become more aggressive in reviewing class action settlements for fairness, reasonableness and conformity with DOJ policy...more

Carlton Fields

Ascertainability and Predominance Foil Certification of Spyware Invasion of Privacy Class

by Carlton Fields on

A Georgia district court denied certification of a multi-state common law invasion of privacy class in which plaintiff sought damages and an injunction against the lessor of computers allegedly containing unauthorized...more

Carlton Fields

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

by Carlton Fields on

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Fenwick & West LLP

Fenwick Employment Brief

by Fenwick & West LLP on

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more

BakerHostetler

Sanctions Imposed on Five Attorneys for Class Settlement Forum Shopping

by BakerHostetler on

Five Arkansas attorneys have been formally reprimanded by a federal judge in the Western District of Arkansas after stipulating to dismissal “for the purposes of seeking a more favorable forum and avoiding an adverse...more

Patterson Belknap Webb & Tyler LLP

After Favorable LIBOR Ruling from the Second Circuit, Investors Now Allege Anticompetitive SIBOR Manipulation

On July 5, 2016, investors filed a federal class action in the Southern District of New York alleging defendant banks had manipulated the Singapore Interbank Offered Rate (SIBOR) “and/or” Singapore Swap Offer Rate (SOR)...more

McGuireWoods LLP

Supreme Court Rules Settlement Offer Does Not Moot Class Action

by McGuireWoods LLP on

On January 20th, 2016, in Campbell-Ewald Co. v. Gomez, a case closely watched by both sides of the class action bar, the U.S. Supreme Court ruled in an opinion authored by Justice Ruth Bader Ginsberg that an unaccepted Rule...more

Mintz - Employment, Labor & Benefits...

Pick-Off Strategy Via a Rule 68 Offer of Judgment Suffers Stinging Defeat in the Supreme Court; But Can an Actual Payment to the...

An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for...more

Kelley Drye & Warren LLP

Supreme Court Rules That Offer of Judgment Does Not Moot Class Action Lawsuit

by Kelley Drye & Warren LLP on

On January 20, 2016 in Campbell-Ewald Company v. Jose Gomez, 577 U.S. – (2016), Case No. 14-857, the Supreme Court resolved a prior split of authority among the Courts of Appeals as to whether an unaccepted Rule 68 Offer of...more

Bracewell LLP

Supreme Court Rules Settlement Offer Does Not Moot Class Action Lawsuits

by Bracewell LLP on

Resolving a question left open by its 2013 decision in Genesis HealthCare Corp. v. Symczyk, as well as a split among the circuit courts, the Supreme Court on January 20, 2016 held that defendants cannot moot and defeat class...more

Hinshaw & Culbertson LLP

Breaking News: U.S. Supreme Court Decides Whether Claims are Moot in Gomez

by Hinshaw & Culbertson LLP on

The Supreme Court affirmed the Ninth Circuit's ruling and held that Defendant's unaccepted settlement offer or offer of judgment did not moot Plaintiff's case. Campbell-Ewald Co. v. Gomez, — U.S.— (Jan. 20, 2016)....more

Seyfarth Shaw LLP

Court Denies Class Certification On Religious Discrimination Claims

by Seyfarth Shaw LLP on

In an order recently issued in James Robinson III, et al. v. General Motors Company, et al., Case No. 15-CV-158-Y (N.D. Tex. Oct. 21, 2015), Judge Terry R. Means of the U.S. District Court for the Northern District of Texas...more

Pessin Katz Law, P.A.

Sony Data Breach Class Action Survives Motion to Dismiss Suit

by Pessin Katz Law, P.A. on

As previously reported upon by PK Law, Michael Corona and eight other individuals (“Plaintiffs”) filed a class action on March 2, 2015 against Sony Pictures Entertainment, Inc. (“Sony”). (U.S. District Court, Central District...more

Proskauer - Advertising Law

Beer-Maker Puts an End to Brewhaha: Anheuser Busch Agrees to Settle Second of Two Class Action Lawsuits over Beer Origin...

by Proskauer - Advertising Law on

Anheuser Busch recently agreed to settle a consumer class action over Beck’s Beer labeling that we previously reported on with regard to the uptick in consumer class actions proceeding past the pleading stage in the Southern...more

Obermayer Rebmann Maxwell & Hippel LLP

The Third Circuit Affirms the Denial of Third-Party Releases for Lack of Adequate Disclosure

The Third Circuit Court of Appeals recently affirmed the decisions of the District and Bankruptcy Court denying, for reasons of inadequate disclosure, the approval of a third-party release provision in the Chapter 11 plan of...more

BakerHostetler

Oregon Federal Court Weighs In on Disputed Umbrella Theory of Damages

by BakerHostetler on

An Oregon federal court recently relied on the so-called umbrella theory of damages to decide that the plaintiffs had an antitrust injury necessary to pursue an injunction. While this decision has garnered attention for...more

Seyfarth Shaw LLP

Seventh Circuit Says No to Anti-Suit Injunction Pending Final Approval of Settlement

by Seyfarth Shaw LLP on

The Seventh Circuit recently weighed in on the circuit split over whether a federal court, after preliminarily approving a class action settlement but before final approval, may enjoin class members from pursuing litigation...more

Blank Rome LLP

The Third Circuit Distinguishes Between Types of Class Actions for Purposes of Its Ascertainability Analysis

by Blank Rome LLP on

Action Item: Shelton is the latest in a recent line of cases from the Third Circuit demonstrating that application of the ascertainability requirement in class action litigation continues to evolve. ...more

Womble Bond Dickinson

O’Bannon Decision Could Open the Door to Significant Changes in Collegiate Athletics

by Womble Bond Dickinson on

Since Judge Claudia Wilken’s recent ruling in O’Bannon et al. v. NCAA et al., Case No. 4:09-cv-03329 (N.D.Ca.), in which the judge called the NCAA a “cartel” that restrains the college athletics market, many commentators have...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2014

This is the third 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...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - December 2013

by Proskauer Rose LLP on

This month we look at part two of our three part series on Class Actions. In part two, Robert Rachal, Page Griffin and Madeline Chimento Rea address Wal-Mart's Rule 23(b) principles, including some defenses to plaintiffs' use...more

Ballard Spahr LLP

Pampers Consumer Class Action Settlement Reversed on Appeal

by Ballard Spahr LLP on

In a 2-1 decision, the U.S. Court of Appeals for the Sixth Circuit vacated a class action settlement approval and certification of a settlement class that treated the named plaintiffs far more favorably than the other class...more

Morrison & Foerster LLP

Dispute Resolution Multi-Jurisdictional Guide 2013/14 Country Q&A: Japan

by Morrison & Foerster LLP on

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation -- Litigation is the most frequently used...more

Eversheds Sutherland (US) LLP

Legal Alert: Supreme Court to Decide Removability of Parens Patriae Actions Under CAFA

On May 28, 2013, the U.S. Supreme Court granted certiorari in Mississippi v. AU Optronics Corporation, No. 12-1036, to consider whether a parens patriae action brought by a state attorney general is removable as a “mass...more

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