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Documents on Class Actions
 

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HTMLSCC Maintains Permissive View of Quebec Class Actions and confirms the Consumer Protection Act applies to Bank Conversion Charges
Shaun Emery Finn; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 22, 2014
In Bank of Montreal v. Marcotte, 2014 SCC 55, the Supreme Court dismissed appeals brought by various banks contesting the applicability of the Quebec Consumer Protection Act (“CPA”) to conversion charges charged by banks of foreign currency transactions. The Court concluded that certain...

 

HTMLOntario Court Certifies Franchise Encroachment Claim as Class Action
Sarit E. Batner, Helen Fotinos, Adam Ship, Thomas N.T. Sutton, Tyler Wentzell; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
The Ontario Superior Court of Justice recently certified a class action by dealers of a home furnishings company in 1291079 Ontario Limited v. Sears Canada Inc.

 

HTMLDie Another Day: SCC Adjourns Appeal of National Class Actions Decision Sine Die
Katherine A. Booth; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
Followers of Canadian class actions law will have longer to wait for a decision in the much anticipated appeal from the Manitoba Court of Appeal’s decision in Meeking v. Cash Store Inc. et al., 2013 MBCA 81. The appeal, which was scheduled to be heard on January 12, 2015 and expected to bring...

 

HTMLThe Marcotte Decision: The Supreme Court of Canada Rules Against Banks in Provincial Consumer Protection Class Action
David T. Neave, Rebecca R. von Rüti; Davis LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
On September 19, 2014, the Supreme Court of Canada (the “Court”) ruled in Bank of Montreal v. Marcotte (“Marcotte”) that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions in...

 

HTMLEmployment Law Summer Recap 2014: Part 4 of 11 - Chris Pratt and Unexpected Surprises in Hollywood and the World of California Employment Law
Michael S. Arnold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 19, 2014, previously published on September 18, 2014
This summer, those (31?) of us who watched Chris Pratt steal scene after scene in Parks & Recreation saw him ripen into the star we always hoped he’d become. First he charmed audiences as the voice of Emmett in the Lego Movie (you know, the one that easily broke the record for most...

 

HTMLFederal Court Relaxes Requirements for Australian Class Actions
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
September 19, 2014, previously published on September 2014
Ms Gray commenced two class actions related to the provision of consumer credit by Cash Converters franchises through "personal loan" and "cash advance" contracts. The respondents are alleged to have engaged in unconscionable conduct in contravention of s 12CB(1) of the...

 

HTMLPrice Advertising Claims Make a Comeback - As Class Actions
Ed Chansky, Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
September 10, 2014, previously published on September 5, 2014
In the 1950s and 1960s, many of the deceptive advertising cases brought by the Federal Trade Commission (FTC) and state attorneys general involved challenges to alleged “fictitious price advertising” by retailers. Indeed, the FTC determined that deceptive price advertising was so...

 

HTMLIn Re Paulsboro Derailment Cases: Putting the Brakes on Defendants’ Momentum Regarding Recent Ascertainability Developments within the Third Circuit
Rachel J. Gallagher, David C. Kistler; Blank Rome LLP;
Legal Alert/Article
September 10, 2014, previously published on September 2014
Action Items: Recent developments regarding the ascertainability requirement in class action lawsuits within the Third Circuit have given class action defendants another strong and viable argument to raise at the class certification stage, and In re Paulsboro Derailment Cases presents the latest...

 

HTMLHalliburton Deepwater Settlement: Halliburton and Plaintiffs' Steering Committee Reach Settlement
Motley Rice;
Legal Alert/Article
September 5, 2014, previously published on September 2, 2014
Settlement includes alleged punitive damage claims and assigned claims for commercial fishermen and property owners directly affected by oil

 

HTMLCalifornia Court Determines Arbitrator Must Decide Whether Class Claims Are Subject to Arbitration Agreement
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
When an employee who has signed an arbitration agreement files a lawsuit alleging individual claims along with class action claims, and the trial court has ordered him to take his individual claims to arbitration, what happens to the class claims? A California appellate court recently addressed...

 


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