Searching Content indexed under Class Actions by Gail Jankowski ordered by Published Date Descending.
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Shingled Out: Eleventh Circuit Binds Homeowners To Individual Arbitration Provisions Displayed On Roofing Shingle Packaging
This case involved a twist on the classic "shrinkwrap" agreement. Here, plaintiff homeowners brought a putative class action seeking damages and declaratory relief on behalf of a class of building...
United States
11 Dec 2018
Seventh Circuit Joins Five Other Circuits, Holds Availability Of Class Or Collective Arbitration Is A Gateway Issue Of Arbitrability To Be Decided By Courts, Not Arbitrators
A former employee of Waterstone Mortgage Corporation filed a class action against Waterstone in Wisconsin federal court in 2011 alleging wage violations and breach of contract.
United States
22 Nov 2018
Court Denies Class Certification Based on Judicial Estoppel
The plaintiff brought a putative class action after allegedly defaulting on charges for medical services.
United States
18 Oct 2018
Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement
A pizza delivery driver employed by Domino's Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board.
United States
7 Aug 2018
Supreme Court To Determine Whether An Arbitration Clause Must Explicitly Authorize Class-Wide Arbitration
The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, to determine "[w]hether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement ...
United States
22 Jun 2018
District Court Denies Motion For Preliminary Approval Of Class Action Settlement Citing Dearth Of Information And Failure To Follow Court's Settlement Guidelines
The District Court for the Northern District of California denied a motion for preliminary approval of a proposed settlement, citing the plaintiffs' disregard of the court's guidelines ...
United States
21 Jun 2018
Must A Plaintiff Representing Unnamed Parties Under California's Private Attorney General Act Comply With Rule 23's Requirements?
Must a plaintiff who brings an action under California's Private Attorney General Act (PAGA) comply with Rule 23's requirements? Although the Ninth Circuit has not addressed the issue ...
United States
21 Jun 2018
Food For Thought: A Review Of 2017 Litigation
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry.
United States
29 May 2018
Fourth Circuit Dismisses Appeal Of Order Compelling Arbitration In Voluntarily Dismissed Class Action
This case arose from a putative class action alleging claims against Groupon on the basis of its reimbursement policies. After the trial court ordered the parties to arbitrate pursuant...
United States
19 Apr 2018
CAFA's Local Controversy Exception Requires Class Claims Against Local Defendant
As we previously reported, in September 2017, a federal district court in Louisiana dismissed with prejudice as time-barred putative class action RICO ...
United States
6 Apr 2018
Conflict Of Interest Renders Spouse Of Former Class Counsel Inadequate Class Representative
The Eastern District of New York recently held that a former class counsel's spouse was an inadequate class representative due to the conflict of interest created by the relationship.
United States
21 Feb 2018
Following Cunningham, Pennsylvania District Court Finds Captive Reinsurance Putative Class Action Claims Are Time-Barred
Plaintiffs in both suits alleged that this scheme (between the mortgagee and the PMI insurer) violated RESPA's anti-kickback and anti-fee splitting provisions between the mortgagee and the PMI insurer.
United States
14 Feb 2018
Putative Class Member's Spoliation Of Evidence Disqualifies Him As A Class Representative
The defendant moved for sanctions based on spoliation of evidence.
United States
28 Dec 2017
Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration
After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence, breach of contract, invasion of privacy, and other claims.
United States
8 Nov 2017
No Treat For CFPB: Trump, Congress Override Rule On Class Action Waivers
On November 1, President Trump signed legislation disapproving a CFPB rule designed to prohibit class action waivers in certain consumer financial services contracts.
United States
3 Nov 2017
Ninth Circuit Allows Class Arbitration To Proceed Despite Absence Of Express Reference To Class Arbitration
Lamps Plus appealed an order permitting class arbitration of claims related to a data breach of personal identifying information of its employees, alleging negligence, breach of contract, invasion of privacy, and other claims.
United States
9 Oct 2017
Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement
Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive "up2drive" loans to borrowers at participating independent car dealers ...
United States
6 Sep 2017
Fifth Circuit Vacates Settlement Approval In ERISA Class Action, Remanding With Instructions To Reexamine The Legitimacy Of Promised Future Payments
The Fifth Circuit recently vacated a class action settlement that included unsecured and uncollateralized future payments to the plaintiffs, while providing a swift and complete payout of fees to class counsel.
United States
11 Aug 2017
Future Of CFPB's Arbitration Rule Unknown As Republicans Eye Congressional Review Act
On June 10, 2017, the Consumer Financial Protection Bureau (CFPB) published a final rule attacking the use of class action waivers in arbitration clauses in certain consumer contracts.
United States
24 Jul 2017
Ninth Circuit Holds ADA Certified Class Has Standing To Challenge Facilities Not Personally Visited By Plaintiff
Plaintiff, seeking declarative and injunctive relief, brought a putative class action alleging that the city and county of San Francisco failed to comply with certain requirements of...
United States
17 Jul 2017
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