11th Circuit Court of Appeals Holds That Rule 23 Displaces Conflicting State...
UNITED STATES- On July 10, 2015, the Eleventh Circuit Court of Appeals issued a ruling that could cause state legislatures to think twice before seeking to limit the class action rights of consumer...
View ArticleThe Early Demise of a "Silver Bullet": Seventh Circuit Overrules Cases...
UNITED STATES - As our colleague Michael McCutcheon wrote in his blog post of May 29, 2015, the Supreme Court of the United States has agreed, in the case of Campbell-Ewald v. Gomez, to review the...
View ArticleCalifornia Supreme Court Confirms Post-Concepcion That Arbitration Agreements...
UNITED STATES - The Supreme Court of California’s August 3, 2015 decision in Sanchez v. Valencia Holding Company, LLCclarifies the extent to which the United States Supreme Court’s Concepcion decision...
View ArticleSeventh Circuit Declines to Create Heightened "Ascertainability" Requirement...
UNITED STATES - On July 28, 2015, the Seventh Circuit Court of Appeals issued its decision in Mullins v. Direct Digital, LLC, on the question of whether Rule 23(b)(3) imposes a heightened...
View ArticleEleventh Circuit Upholds Rule Denying Tolling For Subsequent Class Actions...
In Ewing Indus. Corp. v. Bob Wines Nursery, Inc., a decision issued on August 3, 2015, an Eleventh Circuit panel held that a purported class action does not toll the statute of limitations for a later...
View ArticleRecent Ontario Judgment Dismisses Motion for Certification of Proposed...
CANADA - A recent Ontario court decision has underlined the high threshold to be met for parties seeking leave to pursue secondary market securities class actions. In Coffin v. Atlantic Power Corp....
View ArticleLabel Carefully: Avoiding or Defeating Pricing Class Actions
In the United States, deceptive pricing class actions are currently en vogue. Generally, plaintiffs in these cases claim that they were deceived into purchasing a product by a misleading comparison...
View ArticleProve It -- Unsubstantiated Does Not Mean False
UNITED STATES - Consumer class actions are often brought in the federal courts sitting in California, and in other states, based on alleged false advertising in violation of one or more California...
View ArticleNew Hope for Businesses in the Face of the FCC's Recent Bolstering of the TCPA
UNITED STATES - Big business was dealt a blow this past July when the FCC issued a new Declaratory Ruling that significantly strengthens the Telephone Consumer Protection Act (TCPA). The TCPA is...
View ArticleRecent Ontario Appellate Court Decision May Pave Way for Ontario Privacy...
CANADA- Privacy and data breach class actions are on the rise in many jurisdictions that allow class action litigation, and Canada is no exception. Ontario's highest appellate court recently ruled on a...
View ArticleCFPB Considering Limitations On Mandatory Arbitration Clauses
UNITED STATES- The Consumer Financial Protection Bureau (“CFPB”) recently announced that it intends to limit the scope of mandatory arbitration clauses contained in consumers’ agreements with credit...
View ArticleSupreme Court Hears Argument On Whether A Plaintiff Who Suffers No Concrete...
UNITED STATES- On November 2, 2015, the Supreme Court heard oral argument on an issue that is likely to have a significant impact on the future of consumer class action litigation. The issue before the...
View ArticleClass Waivers Are Here to Stay: The Supreme Court Again Rules Decisively in...
UNITED STATES - The Supreme Court has once again spoken decisively in favor of class action waivers in arbitration agreements. In DirecTV, Inc. v. Imburgia, the Court explained in no uncertain terms...
View ArticleSupreme Court of Canada Clarifies Court's Gatekeeping Role in Security Class...
CANADA- In an earlier post we discussed the implications of the Ontario Superior Court decision of Coffin v. Atlantic Power Corp. ("Coffin") on secondary market securities class actions. We observed...
View ArticleSupreme Court Rejects Attempts to Moot a Class with an Unaccepted Settlement...
UNITED STATES- In Campbell-Ewald Co. v. Gomez, the Supreme Court refused to allow class-action defendants to escape liability through an unaccepted offer of full payment of the named plaintiff’s...
View ArticleUS Supreme Court Broadens Type of Evidence Permitted in Wage and Hour Class...
UNITED STATES- In Tyson Foods v. Bouaphakeo, regarding alleged uncompensated time spent by a class of employees donning and doffing hard hats, work boots, gloves, and earplugs, the plaintiff workers...
View ArticleClass Action Trend - Targeting Online Sales in New Jersey
UNITED STATES- Any company that makes sales through the Internet to New Jersey consumers should be aware of a recent trend in consumer class actions based on New Jersey’s Truth-in-Consumer Contract,...
View ArticleCPSC Signals Civil Penalties Will Reach New Heights After Chinese Entities...
UNITED STATES- Ever since the Consumer Product Safety Improvement Act of 2008 (“CPSIA”) increased the cap on civil penalties from $1,825,000 to $15 million for related violations of the consumer...
View ArticleClass Action à la française: Overview After a Year and a Half of...
FRANCE– Class actions were almost inexistent in France before their introduction in French law by the Statute n°2014-344 of March 17, 2014. The key aspects of this new law have already been outlined in...
View ArticleSeventh Circuit: "I Agree" Buttons Beneath Click-Wrap Agreements Must Clearly...
UNITED STATES - Online merchants often use click-wrap agreements to set the terms and conditions for the use of their sites, providing an “I Agree” button that a would-be user must first click before...
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