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HTMLU.S. Supreme Court Clarifies Procedures for Removal to Federal Court under Class Action Fairness Act
William J. Anthony; Jackson Lewis P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 23, 2014
In a divided 5-to-4 opinion, the U.S. Supreme Court has held that defendants seeking to remove a case to federal court under the Class Action Fairness Act (“CAFA”) need only allege in the notice of removal an amount in controversy in excess of the $5 million threshold and need not...

 

HTMLForeign Bribery Report Issued by OECD
Abigail M. Bartine, J. Gregory Deis, Michael D. Frisch, William Michael; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on December 16, 2014
The Organisation for Economic Co-operation and Development (OECD) has released its Foreign Bribery Report, which provides a comprehensive analysis of anti-bribery enforcement actions around the world dating from 1999. The report examines enforcement actions taken by all countries that have enacted...

 

HTMLThe Bitter and Sweet of the Wal-Mart/Comcast/Halliburton Triumvirate: More Grounds for Defeating Class Certification, But More Exposure to Discovery
Noah Ryan Litton, Chad A. Readler; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January 2015
Corporate litigants are still celebrating recent United States Supreme Court victories by defendants in high-profile class-action cases. As they should. After all, the trio of cases, Wal-Mart Stores, Inc. v. Dukes, Comcast Corp. v. Behrend, and Halliburton Co. v. Erica P. John Fund, Inc., mark a...

 

HTMLIt’s Not Personal: Ninth Circuit Denies Putative Class Representative’s Appeal as Moot
Alex Kuljis; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 6, 2015
In Campion v. Old Republic Protection Company, Inc., No. 12-56784, (Dec. 31, 2014) the Ninth Circuit Court of Appeals held that a putative class representative’s appeal was moot because he had no personal stake in the case after voluntarily settling his individual claims. Douglas Campion...

 

HTMLDole Defeats “All Natural Claims” for Sweet Victory
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 10, 2014
On December 8, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted defendant Dole’s motion for summary judgment of the plaintiff’s false labeling claims in Brazil v. Dole Packaged Foods, LLC. The court granted summary...

 

HTMLClear Sailing Ahead For Class Counsel in California Settlement
Alex Kuljis; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 15, 2014
In Laffitte v. Robert Half International, Inc., No. BC321317, --- Cal.App.4th --- (Oct. 29, 2014; pub. ord. Nov. 21, 2014), the California Court of Appeal affirmed a $19,000,000 settlement that included an attorneys’ fee award of one-third the settlement amount. Mark Lafitte filed a wage and...

 

HTMLNo Proof Necessary: SCOTUS Rules Defendant’s Notice Of Removal Under CAFA Need Not Include Evidence of The Amount In Controversy
Eric J. DiIulio, Anna S. McLean; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 18, 2014
On December 15, 2014, the United States Supreme Court resolved a circuit split in holding that a defendant need not supply evidence of the amount in controversy in its notice of removal under the Class Action Fairness Act (“CAFA”). In Dart Cherokee Basin Operating Co. v. Owens, No....

 

HTMLNow That That’s Settled: The Status of Class Action Settlements in the Seventh Circuit after Pella, Radioshack and NBTY
David S. Almeida, Mark S. Eisen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 5, 2014
Over the last several months, Judge Richard Posner has authored a triumvirate of opinions reversing the district courts’ approval, over objections, of consumer class action settlements—Eubank v. Pella Corp., 753 F.3d 718 (7th Cir. 2014), Redman v. RadioShack Corp., 768 F.3d 622 (7th...

 

HTMLRemoving All Doubt: The First Circuit Clarifies the Conditions Triggering the 30-Day Removal Window When the Earlier, Initial Pleading Does Not Disclose Grounds for Removal
John M. Landry; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on November 17, 2014
In Romulus v. CVS Pharmacy, Inc., No. 14-1937, 2014 U.S. App. LEXIS 20548 (1st Cir. Oct. 24, 2014), the First Circuit Court of Appeals clarified the conditions triggering a defendant’s 30-day window to remove a case to federal court under the Class Action Fairness Act, 28 U.S.C. § 1332,...

 

HTMLHold the Phone: Judge Holds Dish Network on the Line for Tens of Millions of Calls, but Leaves Silver Lining for TCPA Defendants
David S. Almeida, Mark S. Eisen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 28, 2015
On December 12, 2014, Judge Sue E. Myerscough issued an epic 238-page order granting in part and denying in part cross summary judgment motions filed in United States of America, et al. v. Dish Network, L.L.C. (“Dish Network”). United States v. Dish Network, L.L.C., No. 09-3073, 2014 WL...

 


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