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Documents on Class Actions
 

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HTMLOntario Court of Appeal Turns Against Cross-Border Securities Class Actions
H. Michael Rosenberg, Sapna Thakker; McCarthy Tétrault LLP;
Legal Alert/Article
September 2, 2014, previously published on August 22, 2014
In 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...

 

HTMLGetting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In 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...

 

HTMLCourt Approves Unique Overtime Class Action Settlement
Dylan R. Snowdon, Justin Turc; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 13, 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. In January 2014 we summarized the progress of those cases here -...

 

HTMLTime to Leave: Supreme Court to Determine Securities Class Action Limitation Period
Elder C. Marques, Michael J.P. O'Brien; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 13, 2014
The 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...

 

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...

 


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