Search Results (2016)
Documents on Class Actions
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|In Re Paulsboro Derailment Cases: Putting the Brakes on Defendants’ Momentum Regarding Recent Ascertainability Developments within the Third Circuit|
Rachel J. Gallagher, David C. Kistler; Blank Rome LLP;
September 10, 2014, previously published on September 2014Action Items: Recent developments regarding the ascertainability requirement in class action lawsuits within the Third Circuit have given class action defendants another strong and viable argument to raise at the class certification stage, and In re Paulsboro Derailment Cases presents the latest...
|Price Advertising Claims Make a Comeback - As Class Actions|
Ed Chansky, Irving Scher; Greenberg Traurig, LLP;
September 10, 2014, previously published on September 5, 2014In the 1950s and 1960s, many of the deceptive advertising cases brought by the Federal Trade Commission (FTC) and state attorneys general involved challenges to alleged “fictitious price advertising” by retailers. Indeed, the FTC determined that deceptive price advertising was so...
|Halliburton Deepwater Settlement: Halliburton and Plaintiffs' Steering Committee Reach Settlement|
September 5, 2014, previously published on September 2, 2014Settlement includes alleged punitive damage claims and assigned claims for commercial fishermen and property owners directly affected by oil
|California Court Determines Arbitrator Must Decide Whether Class Claims Are Subject to Arbitration Agreement|
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 4, 2014, previously published on September 2, 2014When an employee who has signed an arbitration agreement files a lawsuit alleging individual claims along with class action claims, and the trial court has ordered him to take his individual claims to arbitration, what happens to the class claims? A California appellate court recently addressed...
|Ontario Court of Appeal Turns Against Cross-Border Securities Class Actions|
H. Michael Rosenberg, Sapna Thakker; McCarthy Tétrault LLP;
September 2, 2014, previously published on August 22, 2014In the recent decision of Kaynes v. BP, PLC, 2014 ONCA 580, the Ontario Court of Appeal stayed a proposed secondary market securities class action on the basis of forum non conveniens. Writing for a unanimous Court of Appeal, Sharpe J.A. found that Ontario could assume jurisdiction over claims by...
|Getting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements|
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
August 27, 2014, previously published on August 25, 2014In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions. By contrast, in some cases plaintiffs have succeeded in avoiding arbitration by arguing that they never agreed to it in the first...
|Time to Leave: Supreme Court to Determine Securities Class Action Limitation Period|
Elder C. Marques, Michael J.P. O'Brien; McCarthy Tétrault LLP;
August 25, 2014, previously published on August 13, 2014The Supreme Court of Canada has granted leave to appeal in a case that will determine how to apply the statutory limitation period for investors in Ontario who decide to sue public issuers and their executives under the Securities Act. Given similar legislation in other provinces, the case will be...
|Court Approves Unique Overtime Class Action Settlement|
Dylan R. Snowdon, Justin Turc; McCarthy Tétrault LLP;
August 25, 2014, previously published on August 13, 2014Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. In January 2014 we summarized the progress of those cases here -...
|Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues|
Turner A. Broughton, Lauren M. Wheeling; Williams Mullen;
August 21, 2014, previously published on August 19, 2014In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), the United States Supreme Court addressed two securities class action issues:
|Update on Overtime Class Actions in Canada|
Christopher McHardy; McCarthy Tétrault LLP;
August 19, 2014, previously published on August 14, 2014Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. While overtime class action claims are still not possible in British Columbia, claims can balloon in other provinces when a representative...