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Documents on Class Actions
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|SCC Grants Leave in Class Action Trilogy|
Kate M. Whittleton; McLennan Ross LLP;
January 30, 2015, previously published on August 8, 2014On August 7, 2014, the Supreme Court of Canada granted leave in three securities class actions: Canadian Imperial Bank of Commerce et al. v. Howard Green et al., IMAX Corporation et al. v. Marvin Neil Silver et al. and Celestica Inc. et al. v. Trustees of the Millwright Regional Council of Ontario...
|Offer of Judgment Doesn’t Moot Class Action|
Jason C. Gavejian; Jackson Lewis P.C.;
January 30, 2015, previously published on December 8, 2014In what may be considered a blow to class action defense, this week the U.S. Court of Appeals for the Eleventh Circuit ruled that an offer of judgment to the named plaintiffs did not moot a proposed class action. This was a case of first impression before the Eleventh Circuit.
|Fifth Circuit Reverses NLRB Ruling in D.R. Horton|
William J. Anthony; Jackson Lewis P.C.;
January 30, 2015, previously published on December 5, 2014In reversing the NLRB's determination that D.R. Horton, the national home-builder, violated the National Labor Relations Act ("NLRA") by requiring employees to sign an arbitration agreement that prohibited them from pursuing claims in class or collective actions, the Fifth Circuit held...
|Ontario Court of Appeal Rules on Limitation Periods for Securities Class Actions|
Clarissa S. Ballesteros, Graham McLennan; McLennan Ross LLP;
January 29, 2015, previously published on February 7, 2014On February 3, 2014, the Ontario Court of Appeal released Green v. CIBC, which overruled the Court’s previous decision in Sharma v. Timminco Ltd. As determined in Green v. CIBC, a statutory misrepresentation claim is brought within time so long as the action is commenced within the time...
|California Appellate Court Holds that Federal Law Does Not Preempt California’s Meal and Rest Break Requirements for Truck Drivers|
Adam Y. Siegel, William Weiner; Jackson Lewis P.C.;
January 29, 2015, previously published on November 18, 2014On October 28, 2014, a California Court of Appeal held that the Federal Aviation Administration Authorization Act of 1994 ("FAAAA") does not preempt California's meal and rest break requirements as applied to motor carriers.[Godfrey v. Oakland Port Services Corp. (Cal. App. Ct. Oct. 28,...
|Competition Act Tort Claims Still Viable: Fairhurst v Anglo American PLC|
William A. Bortolin, Emrys Davis; Bennett Jones LLP;
January 23, 2015, previously published on December 5, 2014Can indirect purchasers claim damages in tort for breaches of the Competition Act? This was one of the issues before the British Columbia Supreme Court in Fairhurst v Anglo American PLC, 2014 BCSC 2270. Madam Justice Brown considered the law on this issue to be contradictory, and held that the...
|SCC Weighs-In on Consumer Protection Remedies in Quebec Class Actions|
Christopher S. McKenna; Bennett Jones LLP;
January 20, 2015, previously published on September 25, 2014On September 19, 2014, the Supreme Court of Canada released a trilogy of decisions examining the standing of representative plaintiffs and the availability of consumer protection legislation in the class action context. Though these decisions are particular to Québec, and its consumer...
|Supreme Court of Canada Grants Civil Plaintiffs Access to Competition Bureau Wiretaps|
Ranjan K. Agarwal, Emrys Davis; Bennett Jones LLP;
January 20, 2015, previously published on October 20, 2014Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations. The issue of access arose in the aftermath of the Competition Bureau’s octane investigation. Between 2004 and 2008, the Bureau intercepted and recorded 220,000 private...
|Supreme Court Grants Leave to Appeal in Securities Class Actions|
Ranjan K. Agarwal, Jonathan G. Bell, Preet K. Bell, Michael A. Eizenga, Jeffrey S. Leon; Bennett Jones LLP;
January 20, 2015, previously published on August 7, 2014The Supreme Court of Canada announced today that it will hear appeals in a trilogy of Ontario securities class action cases: Green v. CIBC, Silver v. IMAX and Celestica v. Millwright Regional Council of Ontario Pension Trust Fund.
|Court of Appeal Denies Certification in Another Misclassification Overtime Class Action|
Ranjan K. Agarwal, Joseph N. Blinick, Carl Cunningham, Amanda C. McLachlan; Bennett Jones LLP;
January 20, 2015, previously published on October 8, 2014In the latest instalment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. The decision (upholding the lower court’s finding that a proposed misclassification...