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Documents on Class Actions

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HTMLDefeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues
Turner A. Broughton, Lauren M. Wheeling; Williams Mullen;
Legal Alert/Article
August 21, 2014, previously published on August 19, 2014
In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), the United States Supreme Court addressed two securities class action issues:


HTMLCauses of Action Found Against Pfizer for a BC Class-Action Certification Based On the VIAGRA® Patent
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
August 19, 2014, previously published on August 14, 2014
Pfizer had a Canadian patent for VIAGRA® that was found to not comply with the disclosure requirement by the Supreme Court in an earlier PM(NOC) proceeding (Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60). This finding was later applied on summary judgment in favour of Apotex (Apotex v....


HTMLUpdate on Overtime Class Actions in Canada
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
August 19, 2014, previously published on August 14, 2014
Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. While overtime class action claims are still not possible in British Columbia, claims can balloon in other provinces when a representative...


HTMLMulti-Million Dollar Settlements Prompt Record Filing of TCPA Lawsuits
Wilson G. Barmeyer, Thomas M. Byrne, Ellen M. Dunn, Allegra J. Lawrence-Hardy, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 18, 2014, previously published on August 12, 2014
High-dollar settlements of class actions filed under the Telephone Consumer Protection Act appear to have prompted the filing of a record number of new TCPA cases in federal courts nationwide. In the largest TCPA settlement announced to date, on July 29, 2014, a federal court in Illinois...


Adobe PDFThird Circuit Holds That a Court, Not an Arbitrator, Must Decide Whether an Arbitration Agreement Authorizes Class-wide Arbitration
Christian D. Sheehan; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
August 8, 2014, previously published on August 2014
Who decides whether an arbitration agreement allows for class-wide arbitration — a court or an arbitrator? In the wake of mixed signals from the U.S. Supreme Court, lower courts have been reluctant to answer this question. However, on July 30, 2014, in Opalinski v. Robert Half International,...


HTMLSurf’s Up: The Wave of High-profile Privacy Class Actions
Richard L. Reiter, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 7, 2014, previously published on July 22, 2014
Businesses have revolutionized the way they reach customers. Through computers, smart phones, iPads and a host of other technologies, we can now make purchasing decisions from the comfort of our homes. All we need to do is enter our personal information and our credit card data, and one click later...


HTMLThird Circuit Rules Class Arbitration a Question for the Courts
Evan H. Lechtman, Jeffrey N. Rosenthal; Blank Rome LLP;
Legal Alert/Article
August 6, 2014, previously published on August 2014
In a precedential ruling, the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half Int’l recently held that a federal judge—not an arbitrator—should decide whether an agreement between individuals to arbitrate employment disputes should extend to class-wide...


HTMLIntrusion Upon Seclusion Part 2: Implications for Businesses Across Canada
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
Recently, my colleagues Sean Griffin and Ann-Elisabeth Simard considered the Evans v Bank of Nova Scotia (“Evans”) decision wherein the Ontario Supreme Court (the “Court”) certified a class action proceeding for allegations concerning a breach of privacy rights through the...


HTMLUSAA Wins Putative Class Action Suit Based Total Loss Valuations and the Filing of Owner-Retainted Reports
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
Sunny Letot, a well-known Dallas judicial campaign consultant and descendant of a notable North Texas pioneering family, was involved in a rear end collision with an insured of USAA. She filed suit against the insured driver for negligence and then joined the carrier on multiple novel theories...


HTMLMaryland District Court Dismissed Class Action Complaint Against Wardflex Manufacturer for Lack of Standing and Preclusion Under the Economic Loss Doctrine
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 31, 2014, previously published on July 2014
In Hasley v. Ward Manufacturing, LLC, the United States District Court for the District of Maryland dismissed with prejudice a class action suit against the maker and installer of Wardflex, an allegedly dangerous piping found in residential and commercial structures. The Class Action Complaint...


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