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Documents on class actions
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|“Unionism” as a protected class?|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
July 29, 2014, previously published on July 28, 2014Way back in 2012, the New York Times published an op-ed titled, A Civil Right to Unionize, which argued that Title VII needs to be amended to include “the right to unionize” as a protected civil right. At the time, I argued that including “unionism” as a protected class was...
|Update on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!|
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 26, 2014, previously published on July 23, 2014U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on March 7 in the U.S. District Court for the Northern District of California as a result of unauthorized children’s...
|Deemed Reliance in the U.S. Supreme Court|
Eric S. Block, Andrew Matheson, Dana M. Peebles, Stephanie Sugar; McCarthy Tétrault LLP;
July 25, 2014, previously published on July 14, 2014On June 23, 2014, the United States Supreme Court issued its much-anticipated decision in Halliburton Co. v. Erica P. John Fund (“Halliburton”), as issuers and investors in the U.S. (and Canada) wanted to see if the landscape for securities class actions in both countries would be...
|Ninth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against Taco Bell Corp.|
J. Aaron George, Paul A. Werner; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 17, 2014In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, could not be...
|A Higher Price Tag on Privacy? An Ontario Court Certifies a Class Action for Breach of Privacy|
Christopher McClelland; Blaney McMurtry LLP;
July 23, 2014, previously published on July 17, 2014Organizations that collect or handle personal information are generally aware that they have an obligation to protect that information from loss or misuse. However, recent developments in the area of privacy law have highlighted the significant financial liabilities such organizations may face if...
|Consistency among Circuits for Securities Class Certification after the U.S. Supreme Court Halliburton Decision|
John A. Menicucci; Husch Blackwell LLP;
July 22, 2014, previously published on July 17, 2014On June 23, 2014, the United States Supreme Court issued its decision in Halliburton Co., et al. v. Erica P. John Fund, Inc., No. 13-317 (2014). The Supreme Court vacated and remanded the decision of the 5th Circuit U.S. Court of Appeals and did not part from its 1988 decision in Basic Inc. v....
|Wyndham Seeks Immediate Appeal Over FTC Authority To Regulate Data Security While District Court Allows Case To Proceed On Common-Enterprise Theory|
Stephen Lilley, Archis A. Parasharami; Mayer Brown LLP;
July 22, 2014, previously published on July 21, 2014 For the past two years, a federal court in New Jersey has considered important data security issues in the FTC v. Wyndham Worldwide Corp. litigation. Two recent opinions issued by the court now have brought that case back into the news—and made clear that the stakes are as high as ever.
|Even in Privacy Cases, Risk of Injury Does not Always Equal Injury|
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 18, 2014, previously published on July 16, 2014It’s an ancient conundrum; if a tree falls in the forest, and no one is there to hear it, does it make a sound? Privacy litigation may well offer the closest jurisprudential equivalent; if data is stolen, but no one does anything with it, has there been an injury? A recent Illinois state...
|France Provides for Consumer Class Actions|
Preet K. Bell, Michael A. Eizenga; Bennett Jones LLP;
July 17, 2014, previously published on June 26, 2014France, following the lead of many other European Union members, has enacted legislation providing for class actions in the consumer law field. The new law, known as the "Hamon Law", was passed in February but is still coming into effect through various decrees, which also provide further...
|California Supreme Court Nixes Certification Denial Ruling Against Newspaper Carriers Classified as Independent Contractors|
George Patterson; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 17, 2014, previously published on July 16, 2014The California Supreme Court recently held that a trial court needed to revisit its class certification decision regarding newspaper carriers who alleged that they should have been classified as employees rather than independent contractors. The trial court erred, the Court said, by focusing not on...