News & Analysis as of

Putative Class Actions Breach of Contract Appeals

Carlton Fields

Litigation Under Construction: Recent Life Insurance and Long-Term Care Developments

Carlton Fields on

In Potovsky v. Lincoln Benefit Life Co., the Ninth Circuit Court of Appeals affirmed the dismissal of the insureds’ complaint for failure to sufficiently allege damages regarding the denial of a long-term care claim....more

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on

The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment

ArentFox Schiff on

Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more

A&O Shearman

Seventh Circuit Affirms Dismissal Of Putative Securities Class Action, Holding SLUSA's "Covered Class Action" Definition Includes...

A&O Shearman on

On January 24, 2019, the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a putative securities class action against several investment advisory and financial services firms for allegedly...more

Carlton Fields

Sixth Circuit Compels Arbitration in Putative Class Action between Shell Oil and Ohio Landowners

Carlton Fields on

Plaintiff entered into a lease agreement with Defendants (Shell Oil entities) governing extraction of oil and gas from his five-acre property located in Guernsey County, Ohio....more

Eversheds Sutherland (US) LLP

Patronage capital update

The federal courts of appeals have generally recognized that electric cooperatives can retire patronage capital to their members through means other than annual cash payments. For example, the US Court of Appeals for the...more

A&O Shearman

Third Circuit Allows Putative Class Action To Proceed Against Investment Services Provider, Finding Breach Of Contract Claim Not...

A&O Shearman on

On September 4, 2018, the United States Court of Appeals for the Third Circuit affirmed the partial denial of a motion to dismiss a putative class action against investment services provider Vanguard Group (the “Company”). ...more

A&O Shearman

Second Circuit Affirms Dismissal Of Putative Class Action As Precluded By SLUSA

A&O Shearman on

On August 17, 2018, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action asserting breach of contract and tort claims against the managers, auditors, consultant, and...more

Fenwick & West LLP

Appellate Court Affirms Dismissal of Former Employee's Data Breach Claims

Fenwick & West LLP on

The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm that they have suffered in order to survive a...more

Carlton Fields

Illinois Federal Court Rejects Twin Suits Challenging Dividend Payment Practices

Carlton Fields on

Challenges to mutual life insurers’ discretion in setting dividend scales date back over 100 years. Earlier this year, in Anderson v. Country Life Insurance Company and Ochoa v. State Farm Life Insurance Company, a federal...more

Holland & Knight LLP

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

Holland & Knight LLP on

In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from...more

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