News & Analysis as of

Written Notice Class Action

Amundsen Davis LLC

Silence is Not Always Golden: Land v. IU Credit Union

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The spate of class-actionGavel with Cash lawsuits against banks and credit unions (“Financial Institutions”) involving overdraft fees has prompted Indiana Financial Institutions to amend their existing account agreements to...more

ArentFox Schiff

BIPA Class Actions – 2022 Round-Up

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Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time,...more

Jackson Lewis P.C.

Federal Jury Sides with Plaintiffs in First Illinois Biometric Information Privacy Act Trial

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A jury in federal court in Chicago has returned a verdict for the plaintiff class in the first trial of a case involving claims under the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co., No....more

Perkins Coie

Florida Court Refuses to Dismiss COVID-19-Related WARN Case Based on Natural Disaster Exception

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A judge for the U.S. District Court for the Middle District of Florida, on March 17, 2022, denied defendant Scribe Opco, Inc.’s motion to dismiss a class action alleging violations of the Worker Adjustment and Retraining...more

Wiley Rein LLP

Massachusetts Court Confirms No Prejudice Required to Deny Coverage for Late Notice under Claims-Made Policy

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The Appeals Court of Massachusetts has affirmed judgment in favor of an insurer under a claims-made policy on the basis that the claim was not timely reported. See Meadows Constr. Co. LLC v. Westchester Fire Ins. Co., 2022...more

Amundsen Davis LLC

BIPA: The Ongoing Threat Of Employee Class Actions And Recent Developments

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Even in the pandemic, the (high) number of class action filings based upon the Illinois Biometric Privacy Act (BIPA) remains steady. And, against that backdrop come two recent decisions that may impact how employers need to...more

Ballard Spahr LLP

FTC Studies: Class action settlement notices have room to improve

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The Federal Trade Commission recently released its preliminary report on two studies it conducted to help understand the effectiveness of class action settlement notices and to “develop information to help improve settlement...more

Sheppard Mullin Richter & Hampton LLP

PAGA Claim Defeated Based on Insufficient Notice to the LWDA

Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more

Orrick - Employment Law and Litigation

Not So Final WARNing: Sixth Circuit Finds That Employment Ends with Termination of Wages, Not Notice

In Morton v. Vanderbilt Univ., 2016 WL 52439 (6th Cir. Jan. 5, 2016), the Sixth Circuit recently held that, for purposes of the Worker Adjustment and Retraining Notification Act (“WARN Act”), employment does not end at notice...more

Carlton Fields

Two Out of Three Ain’t Bad: Kansas District Court Certifies Settlement Class and Grants Preliminary Approval but Rejects Notice by...

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A boy fell through the vinyl guardrail his father installed on the second story deck of their home. After settling his son’s personal injury claims, the father sued Home Depot and the guardrail manufacturer on behalf of...more

Porter Hedges LLP

Business Litigation Alert: "Legal Considerations During Massive and Quick Layoffs"

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Class Action Lawsuit Recently Filed Against Drilling Company for Alleged WARN Act Violations - The Worker Adjustment and Retraining Notification Act (“WARN”) requires certain companies who conduct large and quick...more

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