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Documents on Class Actions
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|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...
|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...
|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...
|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...
|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...
|California Approves Consumer Law Protecting Right to Leave Negative Online Reviews|
Richard M. Assmus, Maximillian L. Del Rey, John Nadolenco; Mayer Brown LLP;
November 8, 2014, previously published on October 16, 2014User-driven websites, where users are able to leave feedback about products or businesses, have increasingly become the backdrop for disputes over the non-disparagement clauses used to shield businesses from critical online reviews. Companies use these clauses to create penalties for consumers who...
|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...
|The Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2014, previously published on October 16, 2014A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes of refund-seeking consumers?
|Not So Fast - Seventh Circuit Rejects Radio Shack’s FACTA Class Action Settlement|
Eric E. Hudson; Butler Snow LLP;
October 17, 2014, previously published on October 8, 2014In Redman v. RadioShack Corp., 2014 U.S. App. LEXIS 18181 (7th Cir. Sept. 19, 2014), the Seventh Circuit Court of Appeals joined a recent line of cases rejecting proposed class action settlements because the value provided to class members was overshadowed by the fee allocated to plaintiff’s...