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Settlement Agreements › Vacated

Carlton Fields

11th Circuit: Another GoDaddy TCPA Class Settlement Is a No-Go

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In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement....more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

Womble Bond Dickinson on

In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Proskauer - New Media & Technology

hiQ and LinkedIn Reach Proposed Settlement in Landmark Scraping Case

Proskauer - New Media & Technology on

UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction. On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ...more

Carlton Fields

Bar Orders Must Be Integral To Settlement in Order To Be Essential

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Bar orders have been a useful tool in resolving various types of litigation. These include claims against companies that are in bankruptcy or receivership....more

McDonnell Boehnen Hulbert & Berghoff LLP

Serta Simmons Bedding, LLC v. Casper Sleep Inc. (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on

Last month, in Serta Simmons Bedding, LLC v. Casper Sleep Inc., the Federal Circuit vacated a decision by the U.S. District Court for the Southern District of New York granting summary judgment of non-infringement to...more

Carlton Fields

Kentucky District Court Confirms Arbitration Award Allocating All Environmental Contamination Costs to Petitioner

Carlton Fields on

Following a 2007 settlement concerning the allocation of investigation and remediation costs incurred due to environmental contamination at an industrial complex, the parties agreed to resolve the litigation between the...more

McDermott Will & Emery

Can You Hear Me Now? PTAB’s Reliance on Reference in Non-Instituted Ground Is Improper

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a finding of obviousness by the Patent Trial and Appeal Board (PTAB), concluding that the finding was based on a reference that was included only in a non-instituted...more

Womble Bond Dickinson

In Marcel v. Lucky Brands, Two Retail Companies in Long-Running Trademark Dispute Hope to “Get Lucky” at the Supreme Court

Womble Bond Dickinson on

After years of litigation, two retail companies - Lucky Brand Dungarees, Inc. and Marcel Fashions Group - will have their most recent case heard by the United States Supreme Court. In 2001, Marcel Fashions sued Lucky Brand...more

Faegre Drinker Biddle & Reath LLP

9th Circuit Restores and Clarifies Standards for Certification of Settlement Classes

Faegre Drinker Biddle & Reath LLP on

The Ninth Circuit’s recent en banc decision in In re Hyundai and Kia Fuel Economy Litigation, — F.3d —, 2019 WL 2376831 (9th Cir. Jun. 6, 2019), restored some much-needed balance to the class action universe. The court...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Fuels More Efficient Nationwide Class Settlement

Sheppard Mullin Richter & Hampton LLP on

Reversing itself in a 7-4 en banc decision, the Ninth Circuit reinstated a $210 million settlement in multidistrict class action litigation over the advertised fuel efficiency of Hyundai and Kia vehicles, making approval of...more

Carlton Fields

Second Circuit Vacates SDNY Order Enforcing Arbitration Award Against Reinsurer

Carlton Fields on

In the latest iteration of a complex reinsurance dispute, the U.S. Court of Appeals for the Second Circuit vacated a 2018 district court order enforcing an arbitration award against IRB Brasil Resseguros S.A. (IRB). ...more

Carlton Fields

Ninth Circuit Upholds Lower Court Rulings on Nurse Staffing and Work Break Arbitration Awards

Carlton Fields on

The Ninth Circuit recently decided two cases related to arbitration awards arising out of a settlement agreement between the Washington State Nurses Association (WSNA) and MultiCare Health System governing nurses’ breaks and...more

Bradley Arant Boult Cummings LLP

The Impact of Disparate State Laws on Class Certification for Settlement Purposes: Ninth Circuit to Review Hyundai and Kia Fuel...

Bradley Arant Boult Cummings LLP on

The Ninth Circuit has agreed to review a panel decision from the court which rejected a settlement in multidistrict litigation over the fuel efficiency of Hyundai Motor America Inc. and Kia Motors Corp. vehicles. The case and...more

Fisher Phillips

Court Permits Website Accessibility Lawsuit Against Hooters To Proceed

Fisher Phillips on

A federal appeals court just breathed new life into a disability access lawsuit filed against restaurant chain Hooters, permitting a blind plaintiff who claims he could not access the company’s business website to proceed...more

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