When a class action settlement is proposed for approval, the class members have three options, (1) they can remain in the settlement class, (2) opt-out of the settlement to preserve their individual claims, or (3) they can object to the settlement if they believe it to be in some way unfair or inequitable. The latter
Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context
From Seyfarth’s Workplace Class Action Blog
Seyfarth Synopsis: Satisfying Rule 23(b)(3)’s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. Among the many issues that arise is the extent to which varying state laws can impact whether questions of law or fact common to class members predominate over any questions
SCOTUS Opines on Article III Standing — More than a Statutory Violation is Needed
Seyfarth Synopsis: On March 20, 2019, in Frank, et al. v. Gaos, No. 17-961, 2019 WL 1264582 (U.S. Mar. 20, 2019), the U.S. Supreme Court held that the Article III standing preconditions to federal court litigation, as described in Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016), will not be undermined. The ruling is important
Fast Food Restaurant Scores A Victory in Dismissal of Food Marketing Class Action
A federal judge recently held that a plaintiff cannot state a claim for false advertising under Illinois law by cherry picking statements in isolation if, on the whole, the information available to plaintiff dispelled the alleged deception. On April 6, 2018, the Northern District of Illinois dismissed a proposed class action that unsuccessfully claimed that
4 Key Trends In Workplace Class Action Litigation For 2017: #4 U.S. Supreme Court
Seyfarth Synopsis: The fourth and final key trend from our 14th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the country’s highest court has issued a number of rulings that impacted the prosecution and defense of class actions in significant ways. Today, we provide readers
Picked Off: The Supreme Court Rejects The Mooting Effect of Unaccepted Offers of Judgment and Settlement
A seemingly innocuous recruitment text message from the United States Navy has led to the official unraveling of a tactic long-used and widely-favored by defendants to escape a class action lawsuit before class certification. In a 6-3 decision, the United States Supreme Court rejected the argument that an unaccepted settlement offer or offer of judgment
Supreme Court to California Courts: You Can’t Ignore Us or the FAA
On Monday, the U.S. Supreme Court issued its highly-anticipated opinion in DirecTV, Inc. v. Imburgia et al., 577 U.S. ___ (2015), which reaffirmed its ruling in AT&T Mobility LLC v. Concepcion, 56 U.S. 333 (2011), dealing yet another blow to California Courts’ attempts to invalidate class action waivers.
Background
The plaintiffs in Imburgia
California Supreme Court Limits Use Of Statistical Sampling In Class Actions
By Scott M. Pearson, Jeffrey A. Berman, Eric M. Lloyd and Kiran Aftab Seldon
On May 29, 2014, the California Supreme Court issued its much-anticipated opinion in Duran v. U.S. Bank, vacating a $15 million judgment in a wage-hour class action where the court found liability based on a flawed statistical sampling.
California Supreme Court Rules In Favor Of Retailers, Limiting Scope of California UDAP Statutes
By Scott M. Pearson and Daniel Joshua Salinas
California’s Consumers Legal Remedies Act and Unfair Competition Law (Business and Professions Code Section 17200) both are notorious for allowing plaintiffs’ class action lawyers to bring extortionate lawsuits based on technical statutory violations or conduct that arguably is “unfair.” On May 1, 2014, the California Supreme Court
Upcoming Webinar: Avoiding Liability and Limiting Exposure Under California’s Call Recording and Monitoring Privacy Laws
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n Thursday, May 29, 2014 at 12:00 p.m. Central, Robert Milligan, Joseph Marra and Joshua Salinas will present the first installment of Seyfarth’s 2014 Class Action Webinar series, our class action attorneys will discuss how plaintiffs’ attorneys are increasingly filing class actions in California seeking to apply the state’s privacy laws to routine