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HTMLVivendi Employs Creative Arguments on Damages and the Fraud-on-the-Market Theory to Prevent Class Recovery
John S. "Terry" McMahon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2015, previously published on June 18, 2015
We posted on June 11 about some novel arguments used by Vivendi Universal, S.A. (“Vivendi”) as part of its defense against Southeastern Asset Management, Inc. (“Southeastern”), a class member in In re Vivendi Universal, S.A. Securities Litigation, 02 Civ. 5571 (SAS)...

 

HTMLThe Consequences of Waiving the Attorney-Client Privilege
John F. Nucci; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2015, previously published on June 24, 2015
The United States Court of Federal Claims recently issued an Order in Starr International Company, Inc. v. United States, No. 11-779C, regarding the consequences of an intentional waiver of the attorney-client privilege by the United States Government. This order should be of interest to...

 

HTMLNo Cause of Action to Support Consumer Class Certification Says B.C. Court of Appeal
Steve Warnett; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2015, previously published on June 10, 2015
In Ileman v. Rogers Communications Inc., a unanimous division of the Court of Appeal for British Columbia upheld the lower court’s refusal to certify a claim against Canada’s national telecommunications companies for their charging cellphone users a “system access fee”.

 

HTMLThe SCC Monitor (18/06/2015): A Commentary on Recent Legal Developments by the Canadian Appeals Monitor
Sam Rogers; McCarthy Tetrault LLP;
Legal Alert/Article
June 23, 2015, previously published on June 18, 2015
The Supreme Court of Canada has recently dismissed two leave applications and granted leave in one case that will be of interest to our readers. These cases touch on: case management and civil procedure in class actions (including when parent companies may be joined in an action); the standard of...

 

HTMLLack of Commonality Precludes Consumer Class Certification Says B.C. Court of Appeal
Brad W. Dixon, Michelle T. Maniago; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2015, previously published on June 10, 2015
In Marshall v. United Furniture Warehouse Limited Partnership, a unanimous division of the British Columbia Court of Appeal upheld the lower court’s refusal to certify a claim where consumers received varied combinations of written and oral representations. This decision is critical for any...

 

HTMLJoint Employers Can be Held Liable for Employee Misclassification, California Court Rules
Mark S. Askanas; Jackson Lewis P.C.;
Legal Alert/Article
June 15, 2015, previously published on June 9, 2015
In a wage-and-hour class action filed by food and beverage vendors working in California entertainment arenas, the California Court of Appeal has ruled that a state Labor Code provision making it unlawful for any employer to “engage” in the willful misclassification of an individual as...

 

HTMLCourt Denies Objection to Timeliness of Class Action Settlement Notice Where Method of Dissemination Was Reasonable
John F. Nucci; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 11, 2015, previously published on June 4, 2015
A Magistrate Judge for the United States District Court for the District of Massachusetts recently issued a Report and Recommendation (“R&R”) on the Lead Plaintiffs’ Motion for Final Approval of Class Action Settlement and Plan of Allocation in Hill v. State Street Corporation....

 

HTMLHome Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 8, 2015, previously published on June 3, 2015
Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because consumers rarely sustain out-of-pocket losses when their payment card numbers...

 

HTMLCosts Principles in Class Actions are Not Asymmetrical
David Di Paolo, Margot Finley; Borden Ladner Gervais LLP;
Legal Alert/Article
June 1, 2015, previously published on March 20, 2015
In the recent case of Fischer v. IG, 2015 ONSC 2491, the Divisional Court has settled any debate as to whether s. 31(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 (“CPA”) is intended to apply asymmetrically in favour of plaintiffs; it is not.

 

HTMLFailure to Obtain Required Retailer Approval Scuttles Target-MasterCard Data Breach Settlement
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
May 29, 2015, previously published on May 26, 2015
Target’s attempt to resolve claims of MasterCard-issuing banks through a $19 million private settlement with MasterCard has been terminated for failure of issuers of 90% of the affected cards to accept the settlement by the Wednesday, May 20 acceptance deadline. Press reports on Friday, May...

 


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