These days it seems like nearly every data breach results in a multitude of class action filings. Some of these cases settle quickly with minimal litigation. In such a case, the Eighth Circuit recently reversed an attorneys’...more
Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more
5/16/2024
/ Attorney's Fees ,
Auto-Dialed Calls ,
CAFA ,
Class Action ,
Class Members ,
Corporate Counsel ,
Putative Class Actions ,
Settlement ,
Statutory Violations ,
TCPA ,
Text Messages
Class action settlements are complicated. They often take months to negotiate. The last thing the lawyers or their clients on either side want to happen is for the trial court to deny approval or, even worse, for an appellate...more
12/16/2019
/ Adult Entertainment ,
Attorney's Fees ,
Class Action ,
Class Certification ,
Dancers ,
Employee Definition ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Settlement ,
Wage and Hour
The Supreme Court recently granted review in a case that involves whether, or in what circumstances, cy pres relief may be used in class action settlements. ...more
The Ninth Circuit recently ruled in favor of President Trump. That was not a typo, and this is not fake news. The ruling was not in favor of Trump in his official capacity, but in his capacity as a class action defendant....more
The Ninth Circuit’s decision this week vacating a class action settlement in In re Hyundai and Kia Fuel Economy Litig., No. 15-65014 (9th Cir. Jan. 23, 2018) is getting a lot of attention in the class action bar. ...more
Here are my highlights from the second day of DRI’s 2017 Class Action Seminar:
Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) -
Neal Katyal is a leading Supreme Court advocate and is litigating...more
8/3/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Ethics ,
FRCP 23 ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Settlement ,
TCPA
A recent Florida appellate court decision caught my eye because it addressed a potentially-important issue that is not expressly addressed by Fed. R. Civ. P. 23, and has rarely been litigated: whether persons who have opted...more
Defendants who are defending multiple class actions involving the same issue in different jurisdictions can sometimes be faced with a quandary when they want to settle....more
A recent Ninth Circuit decision caught my eye. It addressed whether a state enforcement action can be barred by a class action settlement on the same issue, finding that it was barred in part, to the extent the suit sought...more
12/2/2014
/ Advertising ,
CAFA ,
Class Action ,
Enforcement Actions ,
False Advertising ,
Injunctive Relief ,
Privity of Contract ,
Res Judicata ,
Restitution ,
Settlement ,
Unfair Competition
Judge Posner of the Seventh Circuit is a frequent author of class action-related opinions. His most recent one reversed an order approving a class action settlement because the attorneys’ fee award was too high. The case...more
Halliburton v. Erica P. John Fund Decision:
Aaron Streett, who argued the Halliburton v. Erica P. John Fund, Inc. case in the Supreme Court, spoke about the decision. The Court declined to overrule the efficient...more
Last week I attended the Defense Research Institute’s third class action seminar, an event that I had the privilege of helping put together. As I’ve done in past years, I will summarize my “takeaways” from the seminar here....more