Back in March we wrote about the group of former unpaid interns from Gawker Media’s Manhattan office suing to recover back pay under the federal Fair Labor Standards Act (FLSA), and their desire to use social media to encourage plaintiffs to opt-in. After the Court ultimately denied their request, the plaintiffs submitted yet another plan
#OptIn #OptOut
Regardless of whether a class is opt-in or opt-out, providing class notice is a challenge. As technology evolves, so does the ability to reach class members who would otherwise be unreachable. But as attorneys increasingly seek to utilize non-traditional methods of class notification, such as Facebook, Twitter and LinkedIn, courts have struggled to draw appropriate
Seventh Circuit Slams Class Action Settlement in Consumer Fraud Case as a “Selfish Deal” and Sets New Rules for Judging the Reasonableness of Class Settlements.
The Seventh Circuit Court of Appeals recently invalidated a nationwide settlement agreement covering six consumer fraud class actions (“Settlement Agreement”) brought against NBTY, Inc., Rexall Sundown, Inc., and Target Corporation (“Defendants”). See Pearson v. NBTY, Inc., No. 14-1198 (decided Nov. 19, 2014). Each case was premised on Defendants’ allegedly deceptive marketing and sale of