The U.S. Seventh Circuit Court of Appeals handed down a decision Monday clarifying that disputes over the interpretation of class-action waivers in employment agreements must be decided by a district court – not an arbitrator.
Read More »Tag Archives: Class actions
Judicial Council files proposal to update class-action statute
A group of lawyers, judges and lawmakers have filed a proposal to revise the state’s class-action statute so that they mirror federal rules.
Read More »Arbitration agreements one click away
With one click of the mouse, consumers can sign away their right to pursue a claim in court or take part in a class action.
Read More »Justices revisit securities fraud class actions
The justices of the U.S. Supreme Court have an opportunity to dramatically change the landscape of securities fraud class action litigation by limiting, or perhaps overruling altogether, a decision upon which plaintiffs have relied for decades.
Read More »US Supreme Court: Can employers stop class actions before they start?
Can an employer, faced with a purported class action under the Fair Labor Standards Act, avoid litigation by immediately offering a settlement to the sole plaintiff before a class is certified?
Read More »Civil Procedure — class actions
12-2216 Johnson v. Meriter health Services Employee Retirement Plan
Read More »Civil Procedure — class actions — predominance
11-8029 & 12-8030 Butler v. Sears, Roebuck & Co.
Read More »Civil Procedure — class actions — joinder
12-8020, 12-8021, 12-8022, 12-8023, 12-8024, 12-8025, 12-8026 & 12-8027 In re Abbott Laboratories, Inc.
Read More »Employment – discrimination — class actions
12-2205 Bolden v. Walsh Construction Co.
Read More »Civil Procedure – class actions; appeal
12-8010 Matz v. Household International Tax Reduction Investment Plan
Read More »Civil Procedure — class actions — collateral estoppel
11-3261 Smentek v. Dart
Read More »Civil Procedure — class actions — collateral estoppel
5-1-1210-2407 & 11-2133 Thorogood v. Sears, Roebuck & Co.
Read More »Securities – SLUSA — class actions
11-1095 Appert v. Morgan Stanley Dean Witter, Inc.
Read More »Consumer Protection – RESPA — class actions
11-1816 & 11-1817 Howland v. First American Title Ins. Co.
Read More »Civil Procedure — class actions
10-3848 Ross v. RBS Citizens, N.A.
Read More »Antitrust — class actions — dismissal
10-2514 Messner v. Northshore University HealthSystem
Read More »Fee fight exposes seamy side of class actions
It always comes down to the cash. That point was illustrated in a decision handed down last week by a New Jersey federal judge who had to decide whether two warring law firms should share $2.45 million in fees allocated as part of a class action settlement.
Read More »Maggiano’s wait staff denied national class certification
Late in 2010, waiters at Maggiano’s Little Italy in Boston reached a $1.3 million settlement with the chain’s owners over alleged tip misappropriations.
Read More »Civil Procedure — class actions — attorney fees — intervention
11-3030 & 11-3163 In re Trans Union Corp. Privacy Litigation
Read More »Civil Procedure; Class actions
11-8020 Creative Montessori Learning Centers v. Ashford Gear, LLC
Read More »Civil Procedure; Class actions; removal
11-8017 LG Display Co., Ltd., v. Madigan
Read More »10-1978, 10-2175 & 10-3713 Williams v. Rohm and Haas Pension Plan
Employment ERISA; class actions; attorney fees
Read More »10-3847 In the Matter of Aqua Dots Products Liability Litigation
Civil Procedure Class actions
Read More »10-3903 Lady Di’s, Inc., v. Enhanced Services Billing, Inc.
Civil Procedure Class actions
Read More »10-277 Wal-Mart Stores, Inc., v. Dukes
Civil Procedure Class actions
Read More »09-1205 Smith v. Bayer Corp.
Civil Procedure Class actions; privity A denial of class certifications is not binding on unnamed putative class members. The District Court’s injunction was independently improper because Smith was not a party to the federal suit and was not covered by any exception to the rule against nonparty preclusion. Generally, a party “is ‘[o]ne by or against whom a lawsuit is ...
Read More »09-1403 Erica P. John Fund, Inc. v. Halliburton Co.
Securities Securities fraud; class actions; loss causation Securities fraud plaintiffs need not prove loss causation in order to obtain class certification. It is undisputed that securities fraud plaintiffs must prove certain things in order to invoke Basic ’s rebuttable presumption of reliance. According to the Court of Appeals, EPJ Fund had to prove the separate element of loss causation in ...
Read More »10-3672 Sawyer v. Atlas Heating and Sheet Metal Works, Inc.
Civil Procedure Statute of limitations; tolling; class actions Where a plaintiff in a proposed class action in state court voluntarily dismisses the case, the statute of limitations is tolled during the period the suit was pending. “Sawyer did not have any way to prevent Park Bank from dismissing the original suit—nor did the state court permit Sawyer to intervene and ...
Read More »10-8050 CE Design Limited v. King Architectural Metals, Inc.
Civil Procedure Class actions Where doubts about a named plaintiff in a class action threaten the interests of the rest of the class, it was error to certify the class. “The record raises serious doubts concerning the truthfulness of Pezl’s testimony about his familiarity with the terms of the contract with the Blue Book. The district court erred in treating ...
Read More »Future of class actions in play
When the U.S. Supreme Court rules in the case Wal-Mart Stores v. Dukes, it will not only decide whether more than 1.5 million female Wal-Mart workers can proceed as a class in a lawsuit alleging that the company systemically paid them less than male employees.
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