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Documents on Class Actions
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|Class Action Lawsuit Filed against NCAA|
James P. Nevin; Brayton Purcell, LLP;
December 17, 2014, previously published on November 6, 2014Christopher Powell, a former University of Kansas fullback from 1990-94, has filed a class action lawsuit against the National Collegiate Athletic Association (NCAA) for failing to protect athletes from the dangers related to concussions, brain injury and brain trauma.
|Will Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?|
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
December 10, 2014, previously published on November 2014The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...
|Ninth Circuit Clarifies Preclusive Effect of Private Class Action Settlement on Attorney General Enforcement Action|
Robert J. Herrington, Jeff E. Scott; Greenberg Traurig, LLP;
November 28, 2014, previously published on November 12, 2014A recent decision by the Ninth Circuit may make it more difficult to settle class action lawsuits where there is a potential for parallel government enforcement action.
|Lawsuit against LinkedIn Latest in Battle over Use of Big Data in Employment|
Robert Sheridan; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 14, 2014, previously published on November 7, 2014Following up on a topic discussed recently in this space, a class action filed last month against LinkedIn represents just the latest development in the burgeoning battle over defining the permissible and impermissible uses of big data in the employment arena.
|Home Depot Data Breach Litigation: Venue and Consolidation|
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 14, 2014, previously published on November 5, 2014Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard. Numerous overlapping lawsuits have been filed in courts throughout the United States asserting claims on behalf of consumers and financial...
|The Second Opinion: “The Class Action...is Frequently Abused” — Judge Posner Provides Unvarnished Commentary on Class Proceedings|
Anthony M.C. Alexander; McCarthy Tétrault LLP;
November 12, 2014, previously published on October 20, 2014For the Canadian class actions defence bar — which must occasionally feel disheartened by the unwavering enthusiasm with which our courts have championed class proceedings — the recent ruling in Eubank v. Pella Corporation (7th Cir. June 2, 2014) represents a breath of fresh air from...
|Not Your Everyday Grind: Seventh Circuit Panel Reverses Class Certification Denial in Keurig Competitor Case|
Livia M. Kiser; Loeb & Loeb LLP;
November 12, 2014, previously published on October 30, 2014In a decision reflecting what could be interpreted as receptivity to consumer class actions - or at least a favorable disposition toward class certification requests - the Seventh Circuit recently issued a decision reversing both the lower court's denial of class certification and its issuance of...
|Historic Class Action Settlement and Distribution Protocol|
Jill Yates; McCarthy Tétrault LLP;
November 11, 2014, previously published on October 16, 2014The final settlements were approved yesterday in a series of settlements that represent the second-largest recovery in Canadian competition class action history. Pro-sys Consultants Ltd. v. Infineon Technologies AG et al, 2014 BCSC 1936 alleged a price-fixing conspiracy among international...
|Healthcare Home Monitoring Company Avoids FCRA Liability Over Stolen Laptop|
Michael J. Zbiegien; Taft Stettinius & Hollister LLP;
November 8, 2014, previously published on October 13, 2014Theft or accidental loss of a laptop, thumb drive or other device is “[t]he single most common way that protected health information is compromised.” And while violating the Health Insurance Portability and Accountability Act’s Privacy and Security Rules can result in...
|Dead Again: Court of Appeal makes Clear that Certification of Misclassification Overtime Class Actions Remains as Hard as Ever|
Kosta Kalogiros, Elder C. Marques; McCarthy Tétrault LLP;
November 8, 2014, previously published on October 14, 2014Last week, the Ontario Court of Appeal released its decision in Brown v. Canadian Imperial Bank of Commerce, upholding the Divisional Court’s decision affirming the dismissal of a certification motion in a proposed “misclassification” overtime class action (previously blogged...