Searching Content indexed under Class Actions by Duane Morris LLP ordered by Published Date Descending.
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Class Action ADA Lawsuit Filed Against Hospital - A Sign Of More To Come?
Hospitals and healthcare providers should track this lawsuit closely and be on the lookout for similar lawsuits in the months and years to come.
United States
24 Sep 2019
Curbing Food And Cosmetic Class Actions Through Arbitration, Dispute Resolution And Class-Action Waivers
The volume of food and cosmetic class actions has exploded. Despite manufacturers tamping down their marketing programs, plaintiffs always seem to be one step ahead of label designers and marketers —
United States
24 Sep 2019
Proving The Retail Transaction: Ascertainability In Food And Cosmetic Mislabeling Class Actions
Most consumers quickly discard receipts for food or cosmetics purchases, particularly when the items bought are low cost.
United States
26 Jul 2019
In Franchise Class Action, The Ninth Circuit Retroactively Applies California's Independent Contractor Standard
In Vazquez v. Jan-Pro Franchising International, Inc., a decade-old proposed class action against a franchisor, the Ninth Circuit ruled on May 2, 2019
United States
20 May 2019
May Health Plan Administrators Recoup Overpayments From Providers Through Cross-Plan Offsetting? One Federal Appeals Court Is Skeptical.
Health insurance conglomerates like UnitedHealth Group, Aetna, and Anthem administer benefits and process medical claims for thousands of employee health insurance plans that are governed by the Employee Retirement Income Security Act ("ERISA").
United States
26 Feb 2019
Policing Bad Claims In Consolidated Litigation: Part 1
With the proliferation of consolidated litigation in recent years, various courts have lamented the lack of scrutiny often given to individual cases prior to filing in a class action or multidistrict litigation.
United States
31 Aug 2018
Policing Bad Claims In Consolidated Litigation: Part 2
With the proliferation of consolidated litigation in recent years, various courts have lamented the lack of scrutiny often given to individual cases prior to filing in a class action or multidistrict litigation.
United States
31 Aug 2018
An Epic SCOTUS Decision On Class Action Waivers
Some describe this as a big win for employers.
United States
24 May 2018
When Tolling Ends For Class Members: The Seventh Circuit Expands The Scenarios When Class Members Lose The Benefits Of Tolling
Class actions are vexing for defendants. The exposure can be large and the litigation can become very complex. One way to defeat a class action is on statute of limitations grounds
United States
10 Jan 2018
Senate Strikes Down The CPFB Prohibition On Class Action Waivers
On Tuesday, Oct. 24, , the U.S. Senate voted 51-50 to strike down a rule issued by the CFPB that prevented banks, educational institutions and other businesses from including arbitration clauses...
United States
30 Oct 2017
California Supreme Court Holds Plaintiffs Can Seek Information On Other Employees At Outset Of PAGA Litigation Without Showing Compelling Need
The California Labor Code Private Attorneys General Act of 2004 (PAGA) allows employees in California to sue on behalf of the State of California over violations of the California Labor Code.
United States
1 Aug 2017
Could Bristol-Myers Squibb Co. Cure Forum Shopping?
Further, Bristol-Myers Squibb is incorporated in Delaware and headquartered in New York.
United States
18 Jul 2017
When is an "Aggrieved Consumer" Not Aggrieved?
In 1981, New Jersey enacted the Truth in Consumer Contract, Warranty and Notice Act (the "TCCWNA"), N.J.S.A. §§ 56:12-14 to 12-18.
United States
8 Jun 2017
Ninth Circuit Delivers Another Blow To Employment Arbitration Agreements Containing Class Action Waivers
Despite the decision in Morris, the enforceability of employment class action waivers remains unresolved.
United States
2 Sep 2016
FDA Releases Draft Guidances On What Constitute "Essentially Copies" Of Commercially Available Or Approved Drug Products
Online retailers across the United States have one more issue to consider as they prepare for the next sale: a growing number of lawsuits under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) alleging that standard online terms of service agreements on websites violate the New Jersey bar on deceptive notices.
United States
5 Aug 2016
Ashley Madison Class Representatives Cannot Remain Anonymous
It seems like just yesterday that the Ashley Madison site became big news.
United States
28 Apr 2016
Government Contractors Do Not Enjoy "Governmental Immunity" When They Violate Both Federal Law And Explicit Government Instructions
Government contractors, while performing work under their federal contracts, may enjoy a form of "derivative sovereign immunity" from private litigation provided certain prerequisites are met.
United States
26 Jan 2016
The Class Action Wave May Be Approaching
The CFPB recently announced that it was considering a rule that would ban consumer financial companies from using arbitration clauses in their customer agreements to block class action lawsuits.
United States
7 Jan 2016
Pennsylvania Supreme Court Holds That Insured Did Not Forfeit Coverage By Settling Without Insurer's Consent Even Though Insurer Was Defending Under A Reservation Of Rights
The insureds were sued in a class action over alleged bodily injury and property damage caused by emissions from nuclear facilities.
United States
31 Jul 2015
Class Action "Ascertainability" In New Jersey
We have blogged about the increasing disfavor with which federal courts regard cy près awards in class action settlements.
United States
15 Jun 2015
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