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HTMLCourt Upholds DOL's Changes to Companionship Exemption
Shawe Rosenthal LLP;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
The 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.

 

HTMLOhio Supreme Court Eradicates No-Injury Class Actions
Richik Sarkar; McDonald Hopkins LLC;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
On 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...

 

HTMLA 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.;
Legal Alert/Article
August 27, 2015, previously published on August 26, 2015
Sorry, 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...

 

HTMLBanks’ Class Certification Motion Trumpets Target Data Security Failings, Ignores Impact of Card Association Settlements
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
Card-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...

 

HTMLEnd of Amex / U.S. Costco Relationship Results in Securities Fraud Class Action
Motley Rice;
Legal Alert/Article
August 17, 2015, previously published on August 13, 2015
On 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.

 

HTMLEleventh Circuit Reaffirms Rejection of "Piggybacking" in Class Actions
Michael F. Dolan, Daniel John Fabiano, Gregory R. Hanthorn, J. Todd Kennard; Jones Day;
Legal Alert/Article
August 11, 2015, previously published on August 2015
A 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...

 

HTMLAustralia - A New Frontier for Plaintiffs?
Joel D. Rothman, Peter M. Saparoff; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 10, 2015, previously published on July 23, 2015
With the increasing barriers to successfully prosecuting a securities fraud case in the United States, including the jurisdictional limitations caused by the Morrison decision, institutional investors are sometimes now looking to other jurisdictions to sometime recover their losses. One such...

 

HTMLD.C. Circuit Holds “Boilerplate” Forward-Looking Statements Are Not Entitled to PSLRA’s “Safe Harbor”
Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 10, 2015, previously published on August 4, 2015
The U.S. Court of Appeals for the D.C. Circuit recently reversed the dismissal of a securities fraud class action against Harman International Industries Inc., holding that the “safe harbor” for forward looking statements did not apply to the statements at issue. In re Harman...

 

HTMLNeiman Marcus Chides Seventh Circuit Panel
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 5, 2015
Retailer Neiman Marcus has filed a petition seeking en banc review by the entire Seventh Circuit of the decision by a three-judge panel of that court in Remijas v. Neiman Marcus Group, LLC reversing dismissal of consumer data breach claims for lack of standing. As we previously reported, the panel...

 

HTMLData Breach = Class Action Suit. Again.
Jordan T. Cohen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 31, 2015, previously published on July 23, 2015
In yet another data breach affecting millions of individuals, UCLA Health System (“UCLA”) reported on Friday - July 17, 2015 - that hackers had accessed portions of its health network that contained personal information, including names, addresses, dates of birth, social security...

 


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