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 | Third Circuit Holds That Plaintiffs Alleging Respa Violations under Section 8 Need Not Show an Overcharge to Have Article III Standing To Sue
November 9, 2009, previously published on November 2, 2009 In Alston v. Countrywide Financial Corp., 2009 WL 3448264 (3d Cir. October 28, 2009), the United States Court of Appeal for the Third Circuit confronted the issue of whether consumer plaintiffs alleging a violation of section 8 of the Real Estate Settlement Procedures Act of 1974... |
| Massachusetts Supreme Court Holds that Asymptomatic Plaintiffs May Sue for Medical Monitoring
November 9, 2009, previously published on November 4, 2009 In a recent opinion that bucks the national trend, the Massachusetts Supreme Judicial Court authorized plaintiffs who have no manifest physical injuries, but who assert "subcellular changes" caused by cigarette smoking, to sue for medical monitoring. , 914 N.E.2d 891 (Mass. 2009). |
| Lawyer Barred From Contacting Members of Conditionally Certified Class Who Were Represented By Other Counsel
Hinshaw & Culbertson LLP; November 5, 2009, previously published on November 3, 2009 Class action plaintiffs' lawyer who contacted members of a conditionally certified class violated rule against communications with represented parties even though the lawyer already represented one of the class members and represented named plaintiffs in a separate but substantially related class... |
| Imposing the Costs of Class Notice on a Defendant without Consideration of the Merits May Violate Due Process, Say Three US Supreme Court Justices Archis A. Parasharami, Kevin S. Ranlett; Mayer Brown LLP; October 26, 2009, previously published on October 21, 2009 In DTD Enterprises Inc. v. Wells, No. 08-1407, the US Supreme Court recently declined to review a New Jersey trial court's order that, without considering the merits of the underlying claims, directed a class-action defendant to pay the entire cost of notice to a class simply because the defendant... |
| Federal Circuits Grapple With Standard of Proof and the "Fraud-On-The-Market" Presumption at Class Certification Stage John P. Stigi, Jonathan D. Moss; Sheppard, Mullin, Richter & Hampton LLP; October 16, 2009, previously published on October 2, 2009 In recent years, a split among the circuits has developed in federal securities class actions with regard to the procedure and standard of proof required to certify a class. At the class certification stage of the proceedings, district courts are instructed to conduct a "rigorous... |
| Employment Class Actions By the Government Are Coming Back Douglas B. Mishkin, Scott Louis Weber; Patton Boggs LLP; October 9, 2009, previously published on October 2009 The Obama Administration is gearing up to investigate and file discrimination and employment compensation class actions far beyond what we've seen in the last eight years... |
| Ontario Court Drops Hydrogen Bomb, Certifies Antitrust Class Action in International Conspiracy Case Christopher P. Naudie; Osler, Hoskin & Harcourt LLP; October 9, 2009, previously published on September 30, 2009 There has been a surge in antitrust class proceedings in Canada over the past few years. In most instances, plaintiffs have launched these proposed class proceedings in the context of ongoing international cartel investigations, often in close coordination with plaintiffs who have launched similar... |
 | Fresco v. Canadian Imperial Bank of Commerce: Ontario's Superior Court Rejects Employees' Class Action against the Canadian Imperial Bank of Commerce Borden Ladner Gervais LLP; October 7, 2009, previously published on June 2009 This decision involves an intended class action instituted against the Canadian Imperial Bank of Commerce ("CIBC"), a federally-regulated bank, by one of its employees, Dara Fresco, claiming compensation for unpaid overtime wages. Ms Fresco's action claimed unpaid overtime wages on behalf... |
| Class Action Certification Denied Because of the Lack of a Common Issue: Bank's Overtime Policy Upheld by Court Morton G. Mitchnick; Borden Ladner Gervais LLP; October 7, 2009, previously published on June 2009 On June 18, 2009, the Ontario Superior Court of Justice declined to certify a class proceeding for a $600-million class action lawsuit brought by Ms. Dara Fresco on behalf of current and former employees in the retail branches of the Canadian Imperial Bank of Commerce ("CIBC") for... |
| Grider v. Keystone Health Plan Central, Inc. No. 08-3074 (3rd Cir. Sept. 1, 2009) Arthur N. Lerner, Bruce O. Tavel, Matthew T. Fornataro; Crowell & Moring LLP; October 2, 2009, previously published on September 24, 2009 In a September 2007 decision, U.S. District Judge James Knoll Gardner imposed sanctions on several lawyers and their clients for engaging in discovery tactics that the judge said were designed to delay proceedings and drive up the costs of litigation. The Third Circuit Court of Appeals, while... |
