Search Results (2012)
Documents on Class Actions
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|Ontario Court of Appeal Turns Against Cross-Border Securities Class Actions|
H. Michael Rosenberg, Sapna Thakker; McCarthy Tétrault LLP;
September 2, 2014, previously published on August 22, 2014In the recent decision of Kaynes v. BP, PLC, 2014 ONCA 580, the Ontario Court of Appeal stayed a proposed secondary market securities class action on the basis of forum non conveniens. Writing for a unanimous Court of Appeal, Sharpe J.A. found that Ontario could assume jurisdiction over claims by...
|Getting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements|
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
August 27, 2014, previously published on August 25, 2014In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions. By contrast, in some cases plaintiffs have succeeded in avoiding arbitration by arguing that they never agreed to it in the first...
|Court Approves Unique Overtime Class Action Settlement|
Dylan R. Snowdon, Justin Turc; McCarthy Tétrault LLP;
August 25, 2014, previously published on August 13, 2014Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. In January 2014 we summarized the progress of those cases here -...
|Time to Leave: Supreme Court to Determine Securities Class Action Limitation Period|
Elder C. Marques, Michael J.P. O'Brien; McCarthy Tétrault LLP;
August 25, 2014, previously published on August 13, 2014The Supreme Court of Canada has granted leave to appeal in a case that will determine how to apply the statutory limitation period for investors in Ontario who decide to sue public issuers and their executives under the Securities Act. Given similar legislation in other provinces, the case will be...
|Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues|
Turner A. Broughton, Lauren M. Wheeling; Williams Mullen;
August 21, 2014, previously published on August 19, 2014In 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:
|Causes 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;
August 19, 2014, previously published on August 14, 2014Pfizer 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....
|Update on Overtime Class Actions in Canada|
Christopher McHardy; McCarthy Tétrault LLP;
August 19, 2014, previously published on August 14, 2014Canadian 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...
|Multi-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;
August 18, 2014, previously published on August 12, 2014High-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...
|Third 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;
August 8, 2014, previously published on August 2014Who 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,...
|Surf’s Up: The Wave of High-profile Privacy Class Actions|
Richard L. Reiter, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
August 7, 2014, previously published on July 22, 2014Businesses 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...