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Washington DC Civil Litigation Blog

A Concepcion Work-Around?

In Kolev v. Euromotors West, No. 09-55963 (9 th Cir., Sept. 20, 2011), the Ninth Circuit Court of Appeals has seemingly found an important exception to Concepcion. Kolev arises from a claim an owner ...
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Use Caution: Cy Pres Settlements

While we generally believe that in appropriate circumstances a settlement which provides only cy pres relief can be approved as fair, reasonable and adequate, there is no doubt that this mechanism is ...
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Managing the "Unmanifested Defect" Class Action

Product liability class actions involving "uninjured" plaintiffs are hardly a judicial novelty. District courts are well-able to manage and dismiss cases where the "uninjured" named plaintiff truly ...
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House Committee Considers Revising the FLSA

On July 14, 2011, the House of Representatives Subcommittee on Workforce Protections held a hearing on the Fair Labor Standards Act (FLSA), to consider whether the Act is meeting the needs of the 21st ...
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Are "Trainees" Employees?

We are paying close attention to employers who skirt the FLSA by failing to pay so-called "trainees" overtime. The Fair Labor Standards Act (FLSA) defines an "employee" as "any individual employed by ...
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Eighth Circuit Favors Consumers in Zurn Opinion

In an huge win for consumers, the United States Court of Appeals for the Eighth recently affirmed the district court's order granting class certification in In re Zurn Pex Plumbing Liability ...
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One Stroke To Commonality

In Wal-Mart Stores, Inc. v Dukes et a l, 564 U.S. ___ (2011) (Scalia, J.), the Supreme Court offered this definition of commonality - a common contention "must be of such a nature that is capable of ...
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No Consideration, No Settlement?

Numerous courts have wrestled with the propriety of "unmanifested defect" class actions, generally finding that no cause of action exists for a plaintiff who has not yet been injured. But what about ...
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Certification by Subclass

A long running debate under Rule 23 surrounds the use of Rule 23(c)(4). The Fifth Circuit, starting with Castano, years ago found that issues could not be certified unless the causes of actions to ...
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No Injury, No Settlement?

Courts rarely deny motions for preliminary approval of a settlement. Yet Judge Koh of the Northern District of California recently did so in Standiford v. Palm, Inc. , No. 09-CV-05719-LHK, a case ...
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The Pollution Exclusion: Is the Crack in Drywall Widening?

Last week's opinion in Auto Owner's relied in part on an unpublished opinion from late last year - Scottsdale Ins. Co. v American Safety Indem. Co., No. 1:10-cv-00445-WS-N (S.D. Ala.., Nov. 10, 2010). ...
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The Pollution Exclusion: A Crack Appears in the Chinese Drywall Litigation

In a case which may set a important precedent for the entire Chinese Dry Wall product liability litigation, a federal judge in Florida this week held that the insurance carrier for the supplier of CDW ...
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Anti-Piracy or Anti-Consumer?

The door to the courthouse for consumers may have been closed by the Supreme Court's opinion in Concepcion, but the key is still under the mat for corporations looking to sue consumers en mass. In a ...
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The New York Times Criticizes Concepcion

In an editorial published on May 13, 2011, the New York Times took aim at AT&T Mobility v Concepcion and recognized it for what it is: "a devastating blow to consumer rights" and "a major setback ...
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In Praise of Class Actions

Pittsburgh personal injury attorney Rob Peirce spoke out in favor of class actions in an editorial appearing in the Pittsburgh Post-Gazette.* As Pierce points out, the effort by big business to ...
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After Concepcion

Many members of the class action bar believe that the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion means the end of all class actions. We beg to differ. For sure, companies ...
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Welcome to our Class Action Blog

We are pleased to announce the launch of our class action blog. Watch this space to see commentary on developments in consumer law, class actions, our investigations and pending cases. Your comments ...
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