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Latest Blog Posts By Category
- 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 ... - 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 ...
- 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 ... - 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 ... - 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 ...
- 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 ... - 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 ... - 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 ...
- 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 ... - 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 ... - 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 ...
- 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 ...
- 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 ... - 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 ...
- 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 ... - 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ... - 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 ... - 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 ... |