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Documents on class actions
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|First Circuit Limits Defense Strategy of “Picking off” Named Plaintiff in Putative Class Action by Offer of Judgment|
Kara Thorvaldsen; Wilson Elser Moskowitz Edelman & Dicker LLP;
September 28, 2015, previously published on September 23, 2015In Bais Yaakov of Spring Valley v. Act, Inc., 2015 U.S. App. (1st Cir. Aug. 21, 2015), the First Circuit held that a rejected and withdrawn offer of settlement of a named plaintiff’s individual claims in a putative class action made before the plaintiff moved for class certification did not...
|Seventh Circuit Rejects Third Circuit's "Heightened" Ascertainability Analysis|
E. Colin Thompson; DLA Piper (Canada) LLP;
September 9, 2015, previously published on August 6, 2015Critics of the controversial ascertainability requirement for class certification that the Third Circuit has been applying since 2012 are rejoicing after a recent Seventh Circuit Court of Appeals decision that flatly rejects the Third Circuit's approach.
|BC Supreme Court Dismisses Applications for Certification of Consumer Protection Claims in Five Class Actions Against International Airlines|
David T. Neave, Rebecca R. von Rüti; DLA Piper (Canada) LLP;
September 8, 2015, previously published on August 27, 2015On August 18, 2015, Madame Justice Adair of the B.C. Supreme Court refused to certify as class proceedings five separate actions against each of Air Canada, Deutsche Lufthansa Aktiengesellschaft, Delta Air Lines, Inc., United Air Lines, Inc. and British Airways PLC (the “Airlines”).
|Update: Judge Scheindlin Grants Summary Judgment Against Class Member|
John S. "Terry" McMahon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 3, 2015, previously published on September 2, 2015We previously reported on what we thought at the time were “unusual” arguments from Vivendi Universal, S.A. (“Vivendi”) in its summary judgment motion in opposition to the recovery of certain class-action members in the long-running In re Vivendi Universal, S.A. Securities...
|Court Upholds DOL's Changes to Companionship Exemption|
Shawe Rosenthal LLP;
September 1, 2015, previously published on August 31, 2015The U. S. Court of Appeals for the D.C. Circuit has upheld changes to the Department of Labor’s regulations making agency home care workers eligible for minimum wages and overtime pay.
|Ohio Supreme Court Eradicates No-Injury Class Actions|
Richik Sarkar; McDonald Hopkins LLC;
September 1, 2015, previously published on August 31, 2015On Aug. 27, 2015, the Ohio Supreme Court established in Felix v. Ganley Chevrolet, Inc., Slip Opinion No. 2015-Ohio-3430 that all members of a plaintiff class alleging violations of the Ohio Consumer Sales Practices Act (OCSPA) must have suffered injury as a result of the conduct challenged in a...
|A Pick Off Play Strikes Out at the First Circuit, But There Are More Innings to be Played; the Debate Over Rule 68 Offers of Judgment Continues|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 27, 2015, previously published on August 26, 2015Sorry, we couldn’t resist mixing our baseball metaphors. In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action as moot based on an unaccepted offer under FRCP 68 that defendant claimed would provide...
|Banks’ Class Certification Motion Trumpets Target Data Security Failings, Ignores Impact of Card Association Settlements|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 26, 2015, previously published on August 25, 2015Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach. Their July 1 motion for class certification has just been unsealed, allowing a glimpse at plaintiffs’ version of the events during November and December 2013 that...
|End of Amex / U.S. Costco Relationship Results in Securities Fraud Class Action|
August 17, 2015, previously published on August 13, 2015On July 30, 2015, a proposed class of investors brought suit against American Express, alleging that the credit card company concealed the financial impact of its co-branding relationship with the U.S. operations of Costco Wholesale Corp.
|Eleventh Circuit Reaffirms Rejection of "Piggybacking" in Class Actions|
Michael F. Dolan, Daniel John Fabiano, Gregory R. Hanthorn, J. Todd Kennard; Jones Day;
August 11, 2015, previously published on August 2015A recent Eleventh Circuit decision that rejected a putative class representative's attempt to "piggyback" onto a previous class action may provide a defense to companies faced with seriatim class actions. The court found that the pendency of a previous class claim-even where the class was...