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|Ninth Circuit Holds that Escrowed Funds Do Not ‘Moot’ a Claim, but Plaintiff Could Move for Class Certification Even if Claim Were Moot|
Jennifer L. Gray; Greenberg Traurig, LLP;
May 20, 2016, previously published on April 26, 2016In Chen v. Allstate Insurance Co., --- F.3d ----, 2016 WL 1425869 (April 12, 2016), the Ninth Circuit held that the offer and deposit of funds into an escrow account in an amount sufficient to satisfy the named plaintiff’s individual claim, combined with an offer of injunctive relief, does...
|Disclosure of Litigation Funding Agreements in Australian Class Actions|
John Emmerig, Michael Legg; Jones Day;
May 18, 2016, previously published on April 2016In Coffs Harbour City Council v Australia and New Zealand Banking Group Limited (trading as ANZ Investment Bank)  FCA 306, Justice Rares was required to rule on interlocutory applications for disclosure of the redacted portions of litigation funding agreements entered into by the applicants,...
|Will Antitrust Cases Relating to Securities Transactions Invite More Objections Because of Their Complexity?|
John S. "Terry" McMahon; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
May 16, 2016, previously published on April 12, 2016The deadline for parties to object to the settlement in the In re Credit Default Swaps Antitrust Litigation, Master Docket No. 13-MD-2476 (DLC) in the Southern District of New York recently passed on February 29, 2016. Unlike in most cases, where parties typically only object to settlements to the...
|Dutch Foundations Negotiate ¿1.204 Billion Settlement with Ageas, Formerly Fortis.|
Kevin Mortimer, Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 16, 2016, previously published on March 22, 2016Following up on our December 15 post on the debate over the best strategy to recover foreign securities losses, a collection of Dutch Foundations (known as Stichtings) negotiated a substantial collective settlement with Ageas SA/NV, the successor-in-interest to Fortis Holdings. The settlement was...
|Lawsuits against the Honest Company Highlight Continued Risks of “All Natural” Labeling|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
May 16, 2016, previously published on March 22, 2016Allegations are increasing against The Honest Company, Inc. for false and misleading marketing of its products as “all natural” and “plant-based” when they supposedly contain synthetic ingredients. The Honest Company sells personal care, cleaning, and baby products in...
|Examine Your Terms and Conditions: New Jersey Sees A Flood of Class-Action Lawsuits|
Tamara Carmichael, Andrew B. Lustigman, Scott A. Shaffer; Olshan Frome Wolosky LLP;
May 10, 2016, previously published on April 20, 2016Marketers, it's important to dust off your terms and conditions. 2016 has seen a sharp spike in consumer lawsuits alleging violations of New Jersey’s awkwardly named Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14, et seq. (the “TCCWNA”). The most recently...
|Eleventh Circuit's Opinion Increases the Burden on Those Seeking Class Certification|
Lacee E. Monk; Rumberger, Kirk & Caldwell Professional Association;
May 10, 2016, previously published on April 25, 2016The Eleventh Circuit Court of Appeals recent opinion in Brown v. Electrolux Home Products, 2016 WL 1085517 (11th Cir. Mar. 21, 2016), just elevated the bar for parties seeking class action certification in the Eleventh Circuit. In Brown, the Court reversed a district court’s order granting...
|Basic-Supplemental Life Insurance Plan Pricing Structure Upheld in ERISA Class Action|
Wilson G. Barmeyer, Carol T. McClarnon, Phillip E. Stano, Steuart H. Thomsen, Gail L. Westover; Sutherland Asbill & Brennan LLP;
May 5, 2016, previously published on May 4, 2016An employee benefit plan that includes an alleged subsidization component for its basic and supplemental options is neither prohibited by the Employee Retirement Income Security Act of 1974 (ERISA) nor a violation of the plan sponsor or service provider’s fiduciary duties, a federal district...
|The Supreme Court’s Tyson Foods Ruling and Employee Class Actions|
Michael Scott Arnold, David Barmak, Brent Michael Douglas, Kevin M. McGinty; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
April 28, 2016, previously published on March 28, 2016The US Supreme Court ruled Tuesday that Tyson Foods employees can use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action bar a second victory in the Court’s current term, albeit a far narrower one...
|A New Strategy: An Unconditional Tender to the Named Plaintiff to Moot a Class Action|
Thomas M. Benjamin, Alan H. Goodman; Breazeale, Sachse & Wilson, L.L.P.;
April 21, 2016, previously published on April 2016A strategy which we successfully used recently at an early stage of a class action (before a class was certified) to moot the action was to make payment through an unconditional tender to the named plaintiff for the amount of his individual claim. See Leon v. Blue Bell Creameries, Inc.,...