With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more
6/6/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Class Action ,
Coinbase Inc v Suski et al ,
Contract Terms ,
Cryptocurrency ,
False Advertising ,
Investment ,
Motion to Compel ,
SCOTUS ,
Trading Platforms ,
Unfair Competition ,
User Agreements
The U.S. District Court for the District of Massachusetts recently diverged from other decisions interpreting the term “actuarial equivalent” in an Employee Retirement Income Security Act (ERISA) class action, finding that...more
Cy pres-only class action settlements are alive and well in the Ninth Circuit, where a unanimous panel of the court recently affirmed a settlement that provides no monetary relief whatsoever to the class, but awarded millions...more
The Sixth Circuit recently addressed whether a novel negotiation class could be certified to facilitate possible future settlement negotiations in multidistrict litigation (MDL)....more
10/1/2020
/ Class Action ,
Class Certification ,
Controlled Substances Act ,
Corporate Counsel ,
FRCP 23 ,
FRCP 23(b)(3) ,
Mass Tort Litigation ,
Multidistrict Litigation ,
Opioid ,
Pharmaceutical Industry ,
Pharmacies ,
RICO ,
Settlement Negotiations
McClendon v. North Carolina Mutual Life Insurance Co. (M.D. Tenn. 2019) -
In McClendon, the plaintiff’s mother purchased a whole life insurance policy to insure the plaintiff’s brother, and subsequently took out a loan on...more
10/14/2019
/ Breach of Contract ,
Class Action ,
Consumer Insurance Products ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Implied Covenants ,
Insurance Litigation ,
Interest Rates ,
Life Insurance ,
Loans ,
Low-Income Issues ,
Negligence ,
Unfair or Deceptive Trade Practices
A recent decision by a Wisconsin district court illustrates the impact of an arbitration agreement on class actions. The plaintiffs alleged violations of the Fair Labor Standards Act (FLSA) and state wage and overtime laws...more
A recent decision by a Connecticut district court reiterates that the issue of consent may foreclose class certification in Telephone Consumer Protection Act (TCPA) junk fax cases....more
4/15/2019
/ Class Action ,
Class Certification ,
Data-Sharing ,
Franchises ,
Predominance Requirement ,
Prior Express Consent ,
Putative Class Actions ,
Suppliers ,
TCPA ,
Telecommunications ,
Third-Party Service Provider ,
Unsolicited Faxes ,
Wyndham
The Northern District of Illinois recently denied a motion for class certification based largely on the inexperience of class counsel, and simultaneously denied the defendant’s motion to deny class certification. ...more
10/18/2018
/ Class Action ,
Class Certification ,
Conciliation ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Ford Motor ,
FRCP 23(a) ,
Hostile Environment ,
Sexual Harassment
New York Pushes Mutual Fund Active Share Disclosure -
New York’s Attorney General issued a report on its recent investigation of fees charged by actively managed equity mutual funds and a metric known as “Active Share.”...more
7/23/2018
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Annuities ,
Broker-Dealer ,
Churning ,
Class Action ,
COI Rates ,
Constitutional Challenges ,
Data Security ,
Filing Requirements ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Insurance Investment Products ,
Investment Companies ,
Life Insurance ,
Lucia v SEC ,
MassMutual ,
Mutual Funds ,
NAIC ,
Policy Terms ,
Preemption ,
Regulatory Oversight ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
SLUSA ,
Unclaimed Property
As we previously reported, last year the Ninth Circuit in Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), joined a circuit split when it held that the statute of limitations did not bar a...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation