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Documents on class actions

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HTMLData Breach Class Action Plaintiffs Lack Standing
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 18, 2015, previously published on May 15, 2015
A federal court in New Jersey is the latest in a series of courts to dismiss a putative data breach class action due to plaintiffs’ failure to adequately plead standing. In re Horizon Healthcare Services, Inc. Data Breach Litigation, No. 2:13-cv-07418-CCC-JBC (D.N.J. Mar. 31, 2015).


HTMLThe Preliminary Merits Test for Secondary Market Claims is Not Just a ¿Speed Bump¿ to Certification: The Supreme Court of Canada Clarifies the Test with its Decision in Theratechnologies Inc. v. 121851 Canada Inc.
David T. Neave, Rebecca R. von Rüti; Davis LLP;
Legal Alert/Article
May 12, 2015, previously published on May 5, 2015
Following amendments made in the last decade to various provincial Securities Acts to include statutory causes of action in the secondary market against public issuers for misrepresentation and/or failure to make timely disclosure to investors there has been ongoing debate about the appropriate...


Adobe PDFReflective Loss, Trusts and Australian Class Action Settlements
John Emmerig, Greta Gingell, Michael Legg; Jones Day;
Legal Alert/Article
May 8, 2015, previously published on April 2015
In 2008, the value of units of the MFS Premium Income Fund (the “Fund”), a property trust, diminished in value following the tightening in credit markets as a result of the global financial crisis.


HTMLSprint Settles for $131 Million in Shareholder Class Action
Motley Rice;
Legal Alert/Article
May 7, 2015, previously published on April 9, 2015
On March 30, 2015, Motley Rice attorneys, along with co-counsel, helped secure a $131 million settlement with Sprint for institutional investors. The plaintiffs - United Steelworkers' Pace Industry Union-Management Pension Fund, Skandia Mutual Life Insurance Company and the West Virginia Investment...


Adobe PDFThird Circuit Weighs in on Application of Daubert at Class Certification Stage
Ira Neil Richards, Keith E. Whitson; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
April 28, 2015, previously published on April 2015
Since the Supreme Court’s decision in Comcast v. Behrend, 113 S. Ct. 1426 (2013) courts evaluating expert testimony at the class certification stage may not simply accept that testimony at face value. The Supreme Court did not, however, articulate what standard should be applied in evaluating...


HTMLThe Supreme Court On Screening Out Strikes Suits In Secondary Market Disclosure Class Actions
David Di Paolo, James Gibson; Borden Ladner Gervais LLP;
Legal Alert/Article
April 24, 2015, previously published on April 21, 2015
On April 17, 2015, the Supreme Court released its decision in TheratechnologiesInc. v. 121851 Canada Inc., 2015 SCC 18: ( addressing two important issues in secondary market disclosure actions. First, how strong a case does the plaintiff have to show to obtain leave to...


HTMLFCRA Class Actions
Mathew A. Parker; Fisher & Phillips LLP;
Legal Alert/Article
April 22, 2015, previously published on April 1, 2015
The slowly rising waves of Fair Credit Reporting Act (FCRA) class-action litigation are beginning to crash against employers. And if you thought that the FCRA only applied to credit bureaus and creditors, it’s time to think again.


HTMLNo Representation Without Substantiation? What POM Wonderful v. FTC Means for Consumer Class Actions
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
April 9, 2015, previously published on February 5, 2015
In this first post of a two-part series, we take a closer look at last Friday’s decision in POM Wonderful v. FTC by the U.S. Court of Appeals for the District of Columbia, which has meaningful implications for how companies advertise their products’ health benefits to consumers. The...


HTMLUpdate: Ontario Court Grants Franchisees’ Claim for Ongoing Disclosure as the Pet Valu Saga Continues
Brooke MacKenzie, Adam Ship, Thomas N.T. Sutton; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on February 2, 2015
Last year, we discussed the Ontario Superior Court’s decision to substantially dismiss a class action commenced by former Pet Valu franchisees on summary judgment. On the basis that new evidence had arisen on the motion that could support a new common issue, Justice Belobaba deferred...


HTMLNo Duck, No Luck: Quebec Superior Court Denounces Passive Class Action Petitioners and their Enterprising Counsel
Emira Tufo; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 28, 2015
In Adanna Charles v. Boiron Canada (Boiron), the Quebec Superior Court recently rendered a judgement refusing to authorize (certify) a class action and to name as representative plaintiff a petitioner whom it deemed to be less than adequate and lawyer-driven. The decision tempers the liberal...


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