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Documents on Class Actions
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|Hope Springs Eternal . . . Except for a Volunteer at Major League Baseball’s FanFest on the Losing End of a Wage and Hour Class Action|
Robert Sheridan; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 16, 2014, previously published on April 9, 2014In baseball, the beginning of spring means hope for fans of even the most hard luck teams. Unfortunately for one erstwhile fan, the first days of spring ushered in a dismissal of his putative wage and hour class action. The decision, Chen v. MLB, emerged from the Federal District Court for the...
|Seventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in TCPA Class Action Settlement|
Shannon Z. Petersen, David M. Poell; Sheppard, Mullin, Richter & Hampton LLP;
April 11, 2014, previously published on April 9, 2014In Americana Art China Company, Inc. v. Foxfire Printing & Packaging, Inc., 743 F.3d 243 (7th Cir. Feb. 18, 2014), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s attorneys’ fees award in a class action settlement arising from the defendant’s...
|Canadian Court Certifies Visa/Mastercard Class Action|
Emrys Davis, Michael A. Eizenga, Robert W. Staley; Bennett Jones LLP;
April 7, 2014, previously published on March 28, 2014In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first contested certification decision in a price-fixing case since a series of...
|Evaporated Cane Juice Case Evaporates (For Now)|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
April 4, 2014, previously published on March 30, 2014A putative class action targeting certain food products that declare “evaporated cane juice” (ECJ) as an ingredient was recently stayed based on the doctrine of primary jurisdiction. As noted by the Court, prior decisions have gone both ways on the question of whether deferral under the...
|Young v. Hilton — Ninth Circuit Reverses Motion to Dismiss in Favor of Hilton on California Call Recording Case|
Courtney E. Smith, James G. Snell; Bingham McCutchen LLP;
April 3, 2014, previously published on March 25, 2014On March 20, 2014, the Ninth Circuit Court of Appeals reversed the dismissal of a class action against Hilton Worldwide Inc. and Hilton Reservations Worldwide, LLC, in which defendants were accused of violating the California Invasion of Privacy Act (CIPA) by recording incoming customer service...
|A (POM) Wonderful Result For Consumer Class Action Defendants|
Paul Seeley; Jones Day;
April 3, 2014, previously published on March 26, 2014On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously certified class of consumers who purchased certain POM juice...
|Court Issues Sweet Ruling for Plaintiffs in Mislabeling Action - Ignorance That “Evaporated Cane Juice” Is An Added Sugar Not “Implausible”|
Robin Achen; Jones Day;
April 3, 2014, previously published on March 26, 2014In Morgan v. Wallaby Yogurt Co., Inc., the U.S. District Court for the Northern District of California denied defendant’s motion to dismiss a class action complaint alleging violations of the UCL, FAL, and CLRA for mislabeling yogurt products, but struck plaintiffs’ prayer for...
|Collecting 'Personal Identification Information' During Credit Card Transactions -- Latest Developments|
Michael E. Pastore, James P. Ponsetto, David G. Thomas; Greenberg Traurig, LLP;
April 2, 2014, previously published on March 28, 2014In March 2013, we published a GT Alert concerning the then latest wave of class action litigation arising under the Massachusetts Consumer Protection Act (Chapter 93A) in the wake of Tyler v. Michaels Stores, Inc., 464 Mass. 492 (2013). As we explained, the Massachusetts Supreme Judicial Court...
|Class Action Settlement Agreement Found to be ‘Unfair’, ‘Unreasonable’ and ‘Not in the Best Interests of the Class Members’|
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
March 28, 2014, previously published on March 26, 2014In this certified class action, the Plaintiff, Lorne Waldman (“Waldman”) brought a motion for approval of a settlement of a copyright infringement class action against Thomson Reuters Canada Limited (“Thomson”). The action was commenced because Thomson, through its legal...
|Eleventh Circuit Upholds Enforceability of Class Action Waiver|
Bennet D. Alsher; Ford & Harrison LLP;
March 27, 2014, previously published on March 25, 2014Executive Summary: The Eleventh Circuit recently held that an arbitration agreement that waives an employee's ability to bring a collective action under the Fair Labor Standards Act (FLSA) is enforceable under the Federal Arbitration Act (FAA). See Walthour v. Chipio Windshield Repair, LLC (11th...