Top News

Sixth Circuit sides with plaintiffs in data breach class actions, says it would be ‘unreasonable’ for customers to wait for misuse

Jessica Karmasek Sep. 26, 2016, 1:01pm

Mohammad Galaria and Anthony Hancox brought their class actions, in the U.S. District Court for the Southern District of Ohio and U.S. District Court for the District of Kansas, respectively, after hackers breached Nationwide Mutual Insurance Company’s computer network in October 2012 and stole their personal information, along with more than 1 million others.

Eighth Circuit cites Spokeo ruling in dismissing class action against cable company

Jessica Karmasek Sep. 23, 2016, 1:46pm

A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit this month affirmed a federal district court’s ruling, holding that the plaintiff’s allegation was, on its own, insufficient to establish Article III standing. Pointing to the U.S. Supreme Court’s ruling in Spokeo v. Robins, the panel said the plaintiff, a former Charter Communications customer, did not allege an injury in fact as required by Article III.

Members of Congress want safe harbor provision in CFPB’s final arbitration rule

Jessica Karmasek Sep. 20, 2016, 12:56pm

The federal lawmakers, in a letter sent to the head of the Consumer Financial Protection Bureau earlier this month, urged the bureau to consider including a provision in the final rule that allows financial companies to retain class action waivers in their arbitration clauses. Under the CFPB’s current proposal, companies would be prohibited from putting mandatory arbitration clauses in new contracts.

WLF pushes Minn. federal court to strike down U.S. Department of Labor’s ‘persuader rule’

Jessica Karmasek Sep. 19, 2016, 2:33pm

In its brief, the Washington Legal Foundation contends the U.S. District Court for the District of Minnesota erred by holding at the preliminary injunction stage that the plaintiffs’ facial challenge to the Persuader Advice Exemption Rule can succeed only by showing that the rule would be invalid in all of its applications.

Defense attorney: Better customer outreach by companies can help head off class actions

Jessica Karmasek Sep. 19, 2016, 9:39am

Michael Mallow, an attorney with Sidley Austin LLP, contends companies first need to recognize there is a problem with their goods or services and then try to take care of it on their own, that way there is no need for or ability to bring a class action lawsuit.

Fla. man continues to file ADA lawsuits in N.Y. federal court; group says suits are ‘abuse,’ ‘shakedowns’

Jessica Karmasek Sep. 16, 2016, 9:38am

Palm Beach County resident Lawrence Feltzin, a paraplegic who uses a wheelchair to move about, has filed his cases -- more than 50 since October 2014 -- in the U.S. District Court for the Eastern District of New York. He has filed five against small businesses in the court so far this month.

Settlement in TCPA class action over cruise line robocalls could reach record $76 million

Jessica Karmasek Sep. 15, 2016, 3:29pm

The plaintiffs allege the defendants, including Caribbean Cruise Line, illegally contacted class members and that their offer of a “free” cruise package in exchange for taking a political survey was a “scam.” The parties reportedly came to a settlement agreement last week.

Class members in settlement over cigarette maker’s promotion can apply to redeem ‘C-Notes’

Jessica Karmasek Sep. 14, 2016, 4:15pm

The settlement offer runs from Aug. 1 through Jan. 31, 2017. R.J. Reynolds’ “Camel Cash” promotion ran from Oct. 1, 1991 to March 31, 2007, and rewarded consumers who purchased packs of Reynolds’ Camel brand of cigarettes with “C-Notes” they could use to redeem merchandise listed in a catalogue.

Third Circuit affirms dismissal of data breach class action filed against prescription services company

Jessica Karmasek Sep. 13, 2016, 1:21pm

The U.S. Court of Appeals for the Third Circuit, in its ruling last month, effectively quashed the lawsuit filed by a group of former Benecard Services Inc. employees. The plaintiffs, alleging breach of trust and identity fraud, sued their former employer for damages allegedly caused by a data security breach.

Georgia federal judge rips plaintiffs attorneys in vaginal mesh MDL, says he’s tired of baseless lawsuits

Jessica Karmasek Sep. 13, 2016, 8:47am

Chief Judge Clay D. Land of the U.S. District Court for the Middle District of Georgia warned attorneys they will face sanctions if they don’t better evaluate their cases before proceeding.

Funding agreement still hasn’t been released in proposed class action over gas explosion

Jessica Karmasek Sep. 12, 2016, 3:38pm

The plaintiff in a proposed class action brought against oil giant Chevron Corp. over a gas explosion off the coast of Nigeria has yet to reveal the identity of his third-party funder. Last month, Judge Susan Illston ordered the plaintiff, a Nigerian fisherman, to meet and confer in person regarding the agreement and related documents.

Fifth Circuit refuses to abandon precedent, side with NLRB over individual arbitration agreements

Jessica Karmasek Sep. 12, 2016, 12:23pm

Soon after the U.S. Court of Appeals for the Fifth Circuit’s ruling, the Ninth Circuit went the other way, instead siding with the NLRB’s approach and ruling that individual arbitration waiver agreements are unenforceable under federal law. Other cases raising the same issue currently are pending before the Second, Third, Fourth, Sixth, Eleventh and D.C. Circuits.

Company says New York firm’s lawsuit over malpractice allegations ‘retaliatory’

Jessica Karmasek Sep. 9, 2016, 8:16am

Luv N’ Care Ltd., headquartered in Louisiana and one of the leading baby product companies in the world, plans to file a response to Goldberg Cohen LLP’s lawsuit against it later this month. The company says its malpractice lawsuit, filed last year and dismissed last month, had nothing to do with fees.

$45 million proposed settlement reached in Arkansas class action over ‘light’ cigarettes

Jessica Karmasek Sep. 8, 2016, 11:48am

A court hearing is scheduled for November to consider whether to approve the settlement. Cigarette maker Philip Morris USA denies the allegations in the lawsuit.

Arizona AG wants 1,000-plus ADA lawsuits filed by alleged ‘serial litigator’ consolidated

Jessica Karmasek Sep. 8, 2016, 7:42am

Attorney General Mark Brnovich wrote in his motion, filed last week, that the “clock is ticking” for many defendants, most of which are Arizona small businesses.

Texas attorney hit with unsolicited call from firm over IVC litigation files class action

Jessica Karmasek Sep. 6, 2016, 1:43pm

Plaintiff John R. MacLean filed his lawsuit against defendants Arentz Law Group and The Johnston Law Group in Texas federal court last week. He contends the firms are ignoring laws on soliciting clients.

Eighth Circuit dismisses privacy class action against video game retailer

Jessica Karmasek Sep. 2, 2016, 2:28pm

The federal appeals court agreed with the U.S. District Court for the District of Minnesota in granting GameStop’s motion to dismiss the lawsuit, brought over an alleged breach of its privacy policy.

Priest and hedge fund manager files defamation lawsuit against Bloomberg over news article

Jessica Karmasek Sep. 1, 2016, 2:32pm

Father Emmanuel Lemelson, the chief investment officer of Lemelson Capital Management, argues the article, published in March, has hurt his business and his standing within the Eastern Orthodox Church. Bloomberg had the lawsuit removed to a Massachusetts federal court in August.

New York law firm fights back, files lawsuit against company for its ‘meritless’ malpractice action

Jessica Karmasek Aug. 30, 2016, 1:32pm

Intellectual property firm Goldberg Cohen LLP filed its lawsuit against Luv N’ Care Ltd. in a New York federal court this month, accusing its former client of skirting its legal bills, among other claims. Luv N’ Care, mostly known for its Nuby product line, sued the firm last year for its alleged mishandling of patent infringement litigation.

Ninth Circuit: Individual arbitration waiver agreements are unenforceable

Jessica Karmasek Aug. 29, 2016, 2:58pm

The federal appeals court vacated a California federal court’s order compelling individual arbitration in a class action filed against audit firm Ernst & Young by its employees.