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|False Labeling Lawsuits Get Hung Up On Faulty Damages Models|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
March 24, 2017, previously published on January 16th, 2017Some of our colleagues from Mintz Levin’s Class Action Practice, Joshua Briones, Crystal Lopez, and Grace Rosales, recently authored an interesting and timely article in the Bloomberg BNA Product Safety & Liability Reporter. The article examines certain defenses in consumer fraud class...
|Superior Court of Québec Authorizes Privacy Class Action in Zuckerman v. Target Corporation|
Éloïse Gratton, Christopher C. Maughan; Borden Ladner Gervais LLP;
March 21, 2017, previously published on February 3, 2017Privacy class actions triggered by data breaches are growing in popularity in Canada, with more than 30 of them pending throughout the country. While none of these cases have yet been heard on their merits, some are being certified or authorized. In Québec, there are at least seven privacy...
|Expansion of Jurisprudence Under New Class Action Bill|
Kymberly Kochis, Veronica M. Wayner; Eversheds Sutherland (US) LLP;
March 21, 2017, previously published on March 16, 2017One key provision of the Fairness in Class Action Litigation Act of 2017 that has not garnered substantial attention affords class action litigants a compulsory right to appeal an order granting or denying class certification.
|Ruling Vacating Target Consumer Class Settlement Highlights the Problem Of Standing In Data Breach Cases|
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 17, 2017, previously published on February 9, 2017When hackers steal consumer data, injury to consumers is not a foregone conclusion. This is particularly so where credit and debit card numbers are stolen. Banks, not consumers, bear the cost of fraudulent charges. Consumers’ credit ratings are unaffected by such charges, and stolen payment...
|Federal Court of Australia Approves a Common Fund Class Action Model for the First Time - No Opt-In Required|
John F. Nucci; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 15, 2017, previously published on February 2, 2017As discussed in this space before, Australia is quickly becoming a key venue for securities class action litigation. With the release of its decision in Money Max Int. Pty. Ltd. (Trustee) v. QBE Insurance Group Limited, the Federal Court of Australia took another step toward making Australia a...
|Take Two!: Congress Revives the Fairness in Class Action Litigation Act|
Thomas M. Byrne, Thomas W. Curvin, Kymberly Kochis, Michael R. Nelson, Phillip E. Stano, Veronica M. Wayner, Lewis S. Wiener; Eversheds Sutherland (US) LLP;
March 8, 2017, previously published on March 8, 2017This week, the House of Representatives is debating the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a Republican-sponsored bill that, if passed, will critically change the procedures governing class actions in federal court. The stated purpose of the Act is to ensure fair...
|With Ninth Circuit Exacerbating Judicial Discord on “Ascertainability,” Time For SCOTUS to Resolve Split|
David E. Sellinger, Aaron Van Nostrand; Greenberg Traurig, LLP;
March 3, 2017, previously published by The Washington Legal Foundation’s Legal Pulse on January 26, 2017In a closely watched appeal, the US Court of Appeals for the Ninth Circuit has squarely weighed in on the “ascertainability” of class members in a class-action lawsuit. The three-judge panel further widened a rift among federal courts of appeal on the issue, holding that plaintiffs need...
|Viability of Dutch Claims Foundations In Question|
Joel D. Rothman, Peter M. Saparoff; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 24, 2017, previously published on January 18, 2017As we have previously noted (here and here), Dutch Foundations (or Stichtings) have been considered a useful tool in seeking recovery for losses on foreign securities. After the Morrison decision closed U.S. courts to claims for purchases of shares of foreign issuers on non-U.S. exchanges, investor...
|Important Orange County Employee Rights You Should Know|
OKTANYAN DER-GRIGORIAN LAW GROUP;
February 20, 2017, previously published by
on March 8, 2017Employee relations are complex, and they are often marred by issues such as discriminations, unlawful termination, workplace safety, and wages.
|Do Not Go Gentle Into that Good Night: Strategies for Defending Against TCCWNA Class Actions|
Wilson G. Barmeyer, Kymberly Kochis, Francis X. Nolan, Lewis S. Wiener; Eversheds Sutherland (US) LLP;
February 7, 2017, previously published on February 6, 2017Businesses engaged in advertising and sales practices involving New Jersey consumers have been contending with an increase in the number of class action lawsuits brought under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”)....