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Impact Litigation Journal
Impact Litigation Journal
Provides commentary and analysis about legal issues relating to class actions and other representative litigation in the areas of consumer and employment law. By Initiative Legal Group APC.
http://impactlitigation.com/
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Jun 17
Nelson v. Southern California Gas: Court of Appeal Underscores Arias Rule that PAGA Actions Needn’t Satisfy Class Certification Requirement
Nelson v. Southern California Gas: Court of Appeal Underscores Arias Rule that PAGA Actions Needn’t Satisfy Class Certification RequirementCalifornia’s Second Appellate District has held that a trial court erred by dismissing the plaintiffs’ PAGA action (Cal. Lab. Code §§ 2698 et seq.) for essentially the same reasons as it denied the plaintiff’s… -
Jun 14
Glatt v. Fox Searchlight Pictures: Federal Court Rules Against Unpaid Internship
Glatt v. Fox Searchlight Pictures: Federal Court Rules Against Unpaid InternshipUnpaid internships, a staple ritual for ambitious resumé builders, were dealt a blow this week, as a New York federal judge ruled that Fox Searchlight Pictures violated minimum wage and overtime laws when it failed to pay interns who… -
Jun 12
Oxford v. Sutter: With Narrow Interpretation of Stolt-Nielsen and Deference to Arbitrator, Unanimous Supreme Court Revives Prospect of Class Arbitration
Oxford v. Sutter: With Narrow Interpretation of Stolt-Nielsen and Deference to Arbitrator, Unanimous Supreme Court Revives Prospect of Class ArbitrationWith the admonition that “this is the price for agreeing to arbitration,” Justice Elena Kagan’s unanimous majority opinion in the much-anticipated Oxford v. Sutter has affirmed the Third Circuit’s deference, pursuant…
Rank this Week: 252
Workplace Class Action Blog
Workplace Class Action Blog
Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.
http://www.workplaceclassaction.com/
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Jun 15
District Court Shuts Down Defense Tactic And Finds That Offer Of Judgment Does Not Moot Class Claim
District Court Shuts Down Defense Tactic And Finds That Offer Of Judgment Does Not Moot Class ClaimBy Gerald L. Maatman, Jr. and Jennifer A. Riley On June 6, 2013, Judge Benjamin H. Settle of the U.S. District Court for the Western District of Washington issued an opinion in Canada v. Meracord, LLC, No. 12-5657 (W.D. Wash. June 6, 2012),… -
Jun 14
"Fundamental Fairness" And Policy Concerns Leads District Court Judge To Certify Class Action Tolling Question For Interlocutory Review In Sixth Circuit
"Fundamental Fairness" And Policy Concerns Leads District Court Judge To Certify Class Action Tolling Question For Interlocutory Review In Sixth CircuitBy Rebecca Bjork and Gerald L. Maatman, Jr. The class action lawsuits against retailer Wal-Mart alleging discrimination against female employees continue on, even though at one time, many in the plaintiffs’ bar warned that the Supreme… -
Jun 11
Supreme Court Renders Unanimous Ruling On Class Arbitration In Oxford Health Plans LLC v. Sutter
Supreme Court Renders Unanimous Ruling On Class Arbitration In Oxford Health Plans LLC v. SutterBy Rebecca Bjork and Gerald L. Maatman Jr. Let’s say you are in a dispute covered by an arbitration agreement that is vague as to whether class action arbitrations can be brought. You want to ensure that any class claims end up in a…
Rank this Week: 479
ClassActionBlawg.com
ClassActionBlawg.com
Features class action news, commentary, and analysis. By Paul Karlsgodt.
http://classactionblawg.com
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Jun 18
Don’t Miss the Upcoming Strafford CLE Webinar on Statistics in Class Action
Don’t Miss the Upcoming Strafford CLE Webinar on Statistics in Class ActionI’m very excited to be speaking at a Strafford Publications CLE webinar tomorrow entitled: Statistics in Class Action Litigation: Admissibility, Expert Witnesses and Impact of Comcast v. Behrend. … -
Jun 10
New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?
New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket. Today’s decision bucks what had been a trend in the Court’s decisions in… -
Jun 4
What the Heck’s Going on With Class Actions?
What the Heck’s Going on With Class Actions?My sincere apologies to the loyal ClassActionBlawg reader for the scarcity of new content lately. I’m on the road this week, but thought I should at least drop a note about two interesting class-action-related developments in the…
Rank this Week: 1041
Employment Class Action Blog
Employment Class Action Blog
Covers employment class action cases affecting employers. By Baker Hostetler.
http://www.employmentclassactionreport.com/
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Jun 14
The Southern District of New York Rules That Internships Must Be Educational (Unlike the Vince Vaughn and Owen Wilson Film of the Same Name)
The Southern District of New York Rules That Internships Must Be Educational (Unlike the Vince Vaughn and Owen Wilson Film of the Same Name)Posted by Jeffrey VlasekIt has been said that the vast majority of movies coming out of Hollywood these days are “brainless.” Despite that (often accurate) description, there are always a handful of films that manage to… -
Jun 11
Oxford Health Plans v. Sutter - The Perils of Choosing an Arbitrator to Resolve Potential "Gateway Matters"
Oxford Health Plans v. Sutter - The Perils of Choosing an Arbitrator to Resolve Potential "Gateway Matters"Posted by John LewisCo-Authored by: Dustin Dow A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that party cannot later seek judicial intervention… -
Jun 7
Pennsylvania District Court Denies Certification Of Off-The-Clock Case (Again)
Pennsylvania District Court Denies Certification Of Off-The-Clock Case (Again)Posted by Greg Mersol“If at first you don’t succeed, try, try, again,” or so the adage goes. A recent case suggests that may not always be the right strategy or, more apropos to this blog, that off-the-clock cases make…
Rank this Week: 1144
Class Action Blog
Class Action Blog
Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Denlea, Packman, Carton & Eberz.
http://classactionblog.mdpcelaw.com/
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Jun 18
Has A Retail Clerk Asked You For Your ZIP Code?
Has A Retail Clerk Asked You For Your ZIP Code?Consumers’ privacy continues to shrink, whether as a result of Internet search engines tracking every click and purchase, or because corporate conglomerates track every personal detail of every purchase people make. In response,… -
May 23
Top Shelf May Be Bottom Shelf
Top Shelf May Be Bottom ShelfRestaurants love to tell people that “you get what you pay for.” Sometimes this just isn’t true. New Jersey State authorities just busted thirteen different TGI Fridays locations for allegedly passing off cheap… -
Apr 5
Supple Joint Drinks Cannot Rebuild Your Cartilage
Supple Joint Drinks Cannot Rebuild Your CartilageMillions of adults in the United States live with arthritis, a disease involving the breakdown of cartilage in joints, or other orthopedic disorders in which cartilage in joints is broken down over time and causes bones in those joints to…
Rank this Week: 1444
San Francisco Overtime Attorney…
San Francisco Overtime Attorney Blog
Covers class action cases involving overtime and minimum wage, meals and rest breaks, and independent contractor misclassification. By the Law Offices of James M. Sitkin.
http://www.sanfranciscoovertimeattorneysblog.com/
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Jul 14
Employer Couldn't Enforce One-sided Arbitration Clause in Employer Handbook
Employer Couldn't Enforce One-sided Arbitration Clause in Employer HandbookThe Court of Appeal in Zullo v. Superior Court (Inland Publishing Co.) (6th District, July 12, 2011) has ordered the Santa Clara County Superior Court to vacate an order that had granted an employer's motion to require an employee, Sharon… -
May 23
Payment Tied to Number of Cars Sold Independent of Price Per Unit Still a Commission for Purposes of California Overtime Exemption
Payment Tied to Number of Cars Sold Independent of Price Per Unit Still a Commission for Purposes of California Overtime ExemptionCalifornia Wage Order 7 regulates mercantile industries. Like other Wage Orders, its overtime protections do not extend to any employee whose earnings exceed one and one-half times the minimum wage if more than half of that employee's… -
May 19
Brinkermanship Gone Astray: A Persistent Division of the California Court of Appeal Continues Publishing Pro-Employer Meal Break Decisions as Fast as the California Supreme Court Orders Them Depublished
Brinkermanship Gone Astray: A Persistent Division of the California Court of Appeal Continues Publishing Pro-Employer Meal Break Decisions as Fast as the California Supreme Court Orders Them DepublishedThe California Supreme Court is currently reviewing a spate of Court of Appeal decisions, including Brinker Restaurant v. S.C. (review granted October 22, 2008), that held a California employer must provide, not ensure, an employee receives…
Rank this Week: 1646
Class Action Blog
Class Action Blog
Covers class action litigation in the Southeast and class action arbitrations nationally. By Carlton Fields.
http://www.carltonfields.com/classactionblog/blog.aspx
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Jun 10
What is the Lesson of Oxford Health Plans v. Sutter?
What is the Lesson of Oxford Health Plans v. Sutter?The Supreme Court today decided Oxford Health Plans LLC v. Sutter. This decision expands the scope of class actions in arbitration. In Oxford Health, the court took back what the court gave in Stolt-Nielsen, where the court had ruled that an… -
Jun 5
Class Certification Order Reversed For Lacking Findings Of Fact And Conclusions of Law
Class Certification Order Reversed For Lacking Findings Of Fact And Conclusions of LawIn Fidelity National Title Ins. Co. v. Grosso, 110 So. 3d 521 (Fla. 4th DCA 2012), Plaintiffs filed a class action complaint they alleged complied with Florida Rules of Civil Procedure 1.220(a) and 1.220(b)(3). After a hearing to… -
Jun 5
Northern District Of Georgia Rejects “Local Controversy” Exception To CAFA Jurisdiction
Northern District Of Georgia Rejects “Local Controversy” Exception To CAFA JurisdictionIn Anderson v. King America Finishing, Inc., No. 1:11-cv-2258-JEC, 2013 WL 1213267 (N.D. Ga. March 25, 2013), class action plaintiffs alleged that defendant released a toxic chemical into the Ogeechee River from its manufacturing plant in…
Rank this Week: 2422
Wexler Wallace Law Firm Blog
Wexler Wallace Law Firm Blog
Covers legal cases and news.
http://blog.wexlerwallace.com/
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Jun 18
Supreme Court Makes Landmark Antitrust Ruling
Supreme Court Makes Landmark Antitrust RulingThe United States Supreme Court yesterday made a landmark antitrust decision that should hopefully have the effect of increasing generic competition with brand name drugs, lowering pharmaceutical costs for consumers and their insurers.… -
Jun 10
Supreme Court Rules in Oxford Health Plans Case
Supreme Court Rules in Oxford Health Plans CaseToday, the Supreme Court issued its opinion in Oxford Health Plans, LLC v. Sutter, that casts some doubt on an oft-recited interpretation of Stolt-Nielson, S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662 (2010). In Stolt-Nielson,… -
May 21
Hall of Shame: Johnson & Johnson’s License Suspended
Hall of Shame: Johnson & Johnson’s License SuspendedPharmaceutical giant Johnson & Johnson is currently under fire as the subject of thousands of lawsuits involving defective products, including both their metal-on-metal hip implant systems and vaginal mesh. But it seems that is not…
Rank this Week: 2772
Insurance Class Actions Insider
Insurance Class Actions Insider
Covers class actions against insurance companies. By Robinson & Cole LLP.
http://www.insuranceclassactions.com/
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Jun 11
Oxford Health Plans v. Sutter: Supreme Court Largely Sidesteps Class Arbitration Issue
Oxford Health Plans v. Sutter: Supreme Court Largely Sidesteps Class Arbitration IssueYesterday, the U.S. Supreme Court issued its opinion in Oxford Health Plans LLC v. Sutter, No. 12-135, addressing whether an arbitrator exceeded his powers in deciding that a contract provided for class arbitration (i.e., a class action… -
Jun 3
Does Standard Fire v. Knowles Permit A Second Removal or Late Removal? Northern District of Ohio Opinion Says "No"
Does Standard Fire v. Knowles Permit A Second Removal or Late Removal? Northern District of Ohio Opinion Says "No"One of the issues raised by some legal commentators after the U.S. Supreme Court decided Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013) (blog post), was whether the Supreme Court’s opinion invalidating named… -
May 31
Supreme Court To Decide Whether State Attorney General's Parens Patriae Action Is A "Mass Action" Under the Class Action Fairness Act
Supreme Court To Decide Whether State Attorney General's Parens Patriae Action Is A "Mass Action" Under the Class Action Fairness ActNext Term, the U.S. Supreme Court will decide whether, or under what circumstances, a lawsuit brought by a state attorney general as a parens patriae action is removable as a “mass action” under the Class Action Fairness Act…
Rank this Week: 2600
Jackson on Consumer Class Actions…
Jackson on Consumer Class Actions and Mass Torts Blawg
Covers consumer class actions and mass torts from a defense lawyer's perspective. By Russell Jackson.
http://www.consumerclassactionsmasstorts.com/
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Oct 26
What Recent Decisions Can Tell Us About Drafting Class Action Settlement
What Recent Decisions Can Tell Us About Drafting Class Action SettlementYes, I admit that I took a far-too-extended break from this blog without getting your permission. I've missed you. In some other posts, I will report on what I did on my summer vacation. But I'm back, baby! -
Apr 17
Muscle Milk's MTD Powers Through Most of Class Action Complaint
Muscle Milk's MTD Powers Through Most of Class Action ComplaintAs I have noted repeatedly in prior posts, statements about the nutritional value or health effects of food and beverage products often serve as the basis for putative consumer fraud class actions. Increasingly, however, courts are taking a… -
Mar 21
The Global Warming Blame Game: District Court Thwarts Comer's Second Coming
The Global Warming Blame Game: District Court Thwarts Comer's Second ComingI've previously opined on this blog and elsewhere that global warming litigation -- at least cases in which individuals seek damages from companies that emit greenhouse gasses -- has no leg to stand on because causation is so attenuated and…
Rank this Week: 2744
Consumer Advocate Legal Update
Consumer Advocate Legal Update
Discusses consumer law, class action lawsuits, advertising law, business law, copyright, and other topics. By Khorrami, LLP.
http://www.consumeradvocatelegalupdate.com/
Rank this Week: 2920
David F. Sugarman
David F. Sugarman
Covers class action cases, civil justice issues and consumer law matters. By David Sugarman.
http://www.davidsugerman.com/
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Nov 13
For those facing collections efforts from Sallie Mae for Western Culinary Inst./Le Cordon Bleu Portland tuition
For those facing collections efforts from Sallie Mae for Western Culinary Inst./Le Cordon Bleu Portland tuitionSo we’ve been hearing a lot from class members about Sallie Mae efforts at collection of debts arising from loans for those who attended Western Culinary Institute and Le Cordon Bleu Portland who are part of the class action against those… -
Sep 13
Moving to dismiss the appeal brought by Career Education Corp and Western Culinary
Moving to dismiss the appeal brought by Career Education Corp and Western CulinaryFor those interested, I’m posting our recent motion to dismiss and motion for reconsideration in Surrett v. Career Education Corp., our consumer fraud class against Career Education Corp for Western Culinary Institute/Le Cordon Bleu… -
Sep 5
Oregon Qarmat Ali vets’ case against KBR headed to trial
Oregon Qarmat Ali vets’ case against KBR headed to trialToday, Judge Papak issued another summary judgment opinion denying KBR’s motions for summary judgment on fraud and negligence. Here is a PDF copy: 512 – opinion & order – fraud and neglig It’s a long opinion, but it provides a really…
Rank this Week: 3506
Mass Tort & Class Action Blog
Mass Tort & Class Action Blog
Cover class actions regarding consumer products, food, and medical devices. By Calvo Fisher & Jacob LLP.
http://www.masstortclassaction.com/
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Jan 12
CALIFORNIA SUPREME COURT CLASS ACTION CASES TO WATCH IN 2012
CALIFORNIA SUPREME COURT CLASS ACTION CASES TO WATCH IN 2012There are a number of cases pending before the California Supreme Court that should be on everyone’s watch list this year. This article summarizes the top seven. -
Dec 29
California Supreme Court Clarifies Test For Exempt Employee
California Supreme Court Clarifies Test For Exempt EmployeeThe California Supreme Court issued an important decision today clarifying the test to determine whether employees should be treated as exempt from overtime requirements, in Harris v. Superior Court (Liberty Mutual Insurance Company). The… -
Dec 19
FDA Panel Recommends Changes To Transvaginal Mesh Approval Proce
FDA Panel Recommends Changes To Transvaginal Mesh Approval ProceWomen suing for injuries arising from implantation of surgical mesh used for pelvic organ prolapse (POP) and stress urinary incontinence received validation from an FDA advisory panel in September 2011. After two days of hearings,
Rank this Week: 4235