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Documents on Class Actions
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|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...
|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.
|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....
|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...
|Halliburton: Deepening the Divide Between Certification of US and Canadian Securities Class Actions|
Laurie Baptiste; McCarthy Tétrault LLP;
July 17, 2014, previously published on July 15, 2014Everyone has been talking about the recent decision from the US Supreme Court in Halliburton Co v Erica P. John Fund Inc (Halliburton) and its rulings regarding the “fraud on the market” doctrine in US securities class action litigation. In Canada, many are likely wondering about the...
|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...
|Judge Awards Aggregate Damages in Class Action|
Glenn M. Zakaib; Cassels Brock & Blackwell LLP;
July 17, 2014, previously published on July 9, 2014In a decision released on June 24, 2014, the Honourable Mr. Justice Belobaba of the Ontario Superior Court of Justice set forth a rationale for determining when aggregate damages can be assessed in a class action claim in Ontario.
|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...
|California Supreme Court: Newspaper Carriers Can Proceed With Class Action Challenging Independent Contractor Status|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
July 15, 2014, previously published on July 1, 2014On June 30, 2014, the California Supreme Court issued a decision addressing how trial courts should determine the appropriateness of class certification in cases where workers claim they were improperly classified as independent contractors. In a case brought by a group of newspaper carriers...
|Duran v. U.S. Bank: When Class Certification Goes Wrong|
Shaun J. Voigt; Fisher & Phillips LLP;
July 15, 2014, previously published on July 1, 2014The California Supreme Court recently handed down a landmark decision on class actions. The trial judge lost control of the certification and evidentiary presentation of the case resulting in a $15 million verdict against U.S. Bank National Association (USB). In this long-awaited decision, the...