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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.

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.

Led Zeppelin loses battle for recovery of attorney fees in 'Stairway to Heaven' suit

Dawn Geske Sep. 9, 2016, 9:51am

LOS ANGELES (Legal Newsline) – Rock group Led Zeppelin was turned down in court for recovery of its attorney fees in its much publicized “Stairway to Heaven” copyright infringement case.

Serial plaintiff's days might be numbered

Jenna Spinelle Sep. 1, 2016, 10:15am

MILWAUKEE, Wis. (Legal Newsline) — Cory Groshek has applied for hundreds of jobs and, though he has barely worked a day at any of them, he’s still managed to receive plenty of payments from those companies.

Filing TCPA lawsuits: 'It's what I do,' professional plaintiff with 35 cell phones says

Jessica Karmasek Aug. 29, 2016, 9:14am

The plaintiff bought at least 35 different pre-paid cell phones in order to manufacture lawsuits over supposedly unwanted calls from companies. A Pennsylvania federal judge ruled the woman didn’t suffer any injuries and therefore lacked standing.

Sixth Circuit: Tendering funds to class action plaintiff still doesn’t moot case

Jessica Karmasek Aug. 3, 2016, 4:05pm

The federal appeals court was forced to take up a question the U.S. Supreme Court declined to answer in Campbell-Ewald Co. v. Gomez.

U.S. SC won't hear Second Circuit's decision on interest rate

Kyle Perrotti Jul. 20, 2016, 10:01am

WASHINGTON (Legal Newsline) – The U.S. Supreme Court has decided not to review the U.S. Court of Appeals for the Second Circuit's decision in the highly controversial Madden v. Midland Funding case back to New York federal court. 

Attorney not surprised U.S. SC overturned conviction of former Va. governor

Deana Carpenter Jul. 19, 2016, 12:12pm

WASHINGTON (Legal Newsline) – Former Virginia Gov. Bob McDonnell’s 2014 conviction on federal corruption charges has been overturned by the U.S. Supreme Court.

Court: Cash in lieu of benefits must be in the overtime pay calculation

Edward Bassett Jul. 18, 2016, 9:29am

SAN FRANCISCO (Legal Newsline) – A recent 9th Circuit Court of Appeals ruling on an issue that had never been decided by any court in the country said municipalities and employers must include cash paid to employees in lieu of health care benefits in the calculation of overtime pay.

U.S. SC rejects deference to DOL rule

Rebecca Campbell Jul. 18, 2016, 9:23am

WASHINGTON (Legal Newsline) – The U.S. Supreme Court has issued its latest decision over a decades-old question as to whether or not auto dealership “service advisers” are excluded under a specific Fair Labor Standards Act (FLSA) overtime exemption.

Salmonella case brings corporate culpability into focus

Brent Zell Jul. 18, 2016, 9:17am

ST. LOUIS (Legal Newsline) – The question of supervisory liability was recently raised in an appeals court case concerning salmonella in eggs.

Solicitor general to comment on biologics case before SCOTUS

Dawn Geske Jul. 14, 2016, 2:53pm

WASHINGTON (Legal Newsline) – The U.S. Supreme Court has asked for consideration from Solicitor General Ian Heath Gershengorn in a case involving biologics.

EEOC task force on the study of harassment in the workplace releases findings

Mark Iandolo Jun. 21, 2016, 8:32pm

WASHINGTON (Legal Newsline) – The U.S. Equal Employment Opportunity Commission (EEOC) announced that the co-chairs of a select task force on the study of harassment in the workplace have called upon stakeholders to press harder when it comes to workplace harassment prevention efforts.

U.S. SC: PTO’s process of regulating patent challenges ‘reasonable’

Jessica Karmasek Jun. 21, 2016, 3:02pm

The nation’s highest court, in an 8-0 ruling this week, upheld a federal appeals court ruling. The high court, in its decision, agreed with the U.S. Patent and Trademark Office’s invalidation of New Jersey-based Cuozzo Speed Technologies LLC’s speedometer patent.

Landowners can challenge 'Waters of the United States' rulings in federal court

Andrew Burger Jun. 13, 2016, 12:26pm

WASHINGTON (Legal Newsline) – The U.S. Supreme Court on May 31 constrained the ability of the U.S. Environmental Protection Agency and Army Corps of Engineers to invoke the Clean Water Act (CWA) and designate bodies of water on private and public lands as "Waters of the United States."

Indiana attorney general joins 20 other states in suing the State of Delaware

Mark Iandolo Jun. 10, 2016, 9:13pm

WASHINGTON (Legal Newsline) – Indiana Attorney General Greg Zoeller announced that his state will join 20 other states in suing the State of Delaware for allegations of failing to turn over millions of dollars in unclaimed property funds the other states believe belong to them.

Supreme Court ruling a win for defendants in Title VII cases

Darren Yuvan Jun. 2, 2016, 7:41am

Last month, the U.S. Supreme Court voted unanimously, 8-0, to allow employers to recover attorneys' fees as defendants in Title VII cases.

West Virginia AG asks EPA to stop spending tax dollars on halted Power Plan

Mark Iandolo May 27, 2016, 7:44pm

CHARLESTON, W.Va. (Legal Newsline) – West Virginia Attorney General Patrick Morrisey announced that, along with Texas Attorney General Ken Paxton, he drafted a letter to the U.S. Environmental Protection Agency (EPA), asking it to stop spending federal tax dollars on the halted Power Plan.

Public interest firm takes fight over class action settlement to U.S. SC

Jessica Karmasek May 24, 2016, 1:54pm

The Competitive Enterprise Institute’s Center for Class Action Fairness filed a petition with the nation’s highest court last week, asking for review of a settlement that awarded $5 million in fees to class counsel. CCAF argues the deal -- one of two reached over the sale of personal data reports to debt collectors -- is unfair to the class.