Securities Class Actions Receive Increased Scrutiny: District Court Applies...
The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts...
View ArticleDistrict Court Applies Gulf Oil To Restrict Issuance Of Arbitration...
Drivers brought a putative class action suit against Uber Technologies (“Uber”), the licensor of a software application used to connect drivers for hire with passengers, alleging that Uber failed to...
View ArticleDistrict Court Rejects Nationwide Class, But Certifies California-Only...
In Werdebaugh v. Blue Diamond Growers, the plaintiff brought suit in the United States District Court for the Northern District of California to certify a nationwide class of consumers who purchased...
View ArticleDC Circuit Holds Named Plaintiff Who Settles Individual Claims Retains...
In Stephens, two former pilots brought a putative class action lawsuit against their employer airline and their retirement plan, alleging that a delay in paying retirement benefits and failure to pay...
View ArticleSTOA Schemes Face Increased Regulatory Scrutiny
Increased SEC and Justice Department prosecution is bad news for stranger-originated annuity (STOA) schemes. The SEC recently announced that enforcement actions were taken against brokers Michael A....
View ArticleExpect Focus - Catching The Next Wave, Regulatory and Litigation Developments...
In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased...
View ArticleNinth Circuit Finds Self-Identification By Class Members Does Not Satisfy...
The Ninth Circuit Court of Appeals recently affirmed a district court’s denial of class certification where a plaintiff failed to propose a plan to ascertain class members and therefore did not satisfy...
View ArticleCalifornia District Court Denies Motion to Strike Rule 68 Offer of Judgment...
In a recent case in the United States District Court for the Northern District of California, a plaintiff brought a putative class action alleging that defendants, a creditor and a debt collection...
View ArticleNorthern District of California Grants Certification of Antitrust Class in 15...
In a recent case in the United States District Court for the Northern District of California, plaintiffs brought a putative class action against various defendants involved in milk production, alleging...
View ArticleCalifornia District Court Denies Certification Where Putative Class Members...
The United States District Court for the Eastern District of California recently denied class certification in a case alleging wrongdoing by a loan servicer in connection with the Home Affordable...
View ArticleDistrict Court Decertifies Class Where Damages Model Did Not Satisfy Supreme...
The United States District Court for the Northern District of California recently granted a defendant’s motion to decertify a class because plaintiff’s damages model was not consistent with his theory...
View ArticleEighth Circuit Decertifies Four FDCPA Classes Where District Court Failed to...
The Eighth Circuit recently held that a district court abused its discretion by certifying four classes of Nebraska consumers in an action against a debt collector and its attorneys for alleged...
View ArticleEleventh Circuit Holds District Court Lacks Jurisdiction to Determine Whether...
The Eleventh Circuit recently held that a district court lacked jurisdiction to determine, pre-certification, that a defendant’s waiver of its right to compel named plaintiffs to arbitrate their claims...
View ArticleCertification of Minor Class Could Have Major Impact on Facebook
Plaintiffs, two minors who used their parents’ money to make purchases on Facebook without parental consent, brought a putative class action against the company, alleging its policy of representing...
View ArticleThe Big Deal About Big Data: What Life Insurers Must Know
Big data and predictive analytics, which forecast future outcomes based on past occurrences, allow companies to examine large stores of data and uncover patterns that can be used to gain a competitive...
View ArticleTrademarks in Cuba, Successful Whistleblowers, Big Data, Health Care...
IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State...
View ArticleThird Circuit to Plaintiffs’ Bar: Expert Testimony Necessary for...
Plaintiff purchasers of traditional blood reagents, products that test the compatibility of donor blood with recipients, brought putative class actions claiming that two defendant companies conspired...
View ArticleEleventh Circuit Holds That Defendant Cannot Be Precluded From Asserting Its...
The Eleventh Circuit recently held that a district court lacked jurisdiction to determine, pre-certification, that a defendant’s waiver of its right to compel named plaintiffs to arbitrate their claims...
View ArticleDoes Rule 23(e) Require that Settlement Class Members Receive Notice of...
The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil...
View ArticleNinth Circuit Finds Bonus Indexed Annuity Delivers Exactly What was Promised
Observing that it "delivered precisely what it promised," the Ninth Circuit Court of Appeals recently affirmed summary judgment for an insurer in a case alleging violations of the Racketeer Influenced...
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