Jessica Karmasek News
Sixth Circuit: Tendering funds to class action plaintiff still doesn’t moot case
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.
Georgia SC: Class action over SunTrust’s overdraft fees can continue
Two lower courts previously agreed with SunTrust that the class action lawsuit wasn’t possible because the plaintiff couldn’t opt out on behalf of others. The Atlanta bank claims its arbitration rejection clause is drafted in such a manner as to make it impossible for a class representative to act on behalf of class members.
Office Depot hits Delaware with lawsuit over unclaimed property law, auditing process
The office supply retailer and a Virginia-based gift card issuer sued state officials in Delaware federal court last month. The plaintiff companies claim the state’s unclaimed property law, or escheat law, is unconstitutional.
Class action takes aim at United Airlines’ checked baggage policy
The class plaintiff, a Hawaii resident, argues that the airline’s policy, which allegedly maximizes “unaccompanied suitcases” on its passenger flights, puts profits over safety.
Company sued over alleged single ‘junk’ fax wants question of relief offer to be heard by First Circuit
Cayan LLC d/b/a Capital Bankcard filed its renewed motion for certification of an interlocutory appeal and stay of proceedings with the U.S. District Court for the District of Massachusetts last month. The defendant served plaintiff South Orange Chiropractic Center LLC an offer of judgment under Federal Rule of Civil Procedure 68, as well as a settlement offer, in December 2015 -- months after the New Jersey-based chiropractor filed its putative class action.
Louisiana federal judge affirms remand of former employee’s class action against auto parts retailer
Judge Susie Morgan said in an order this month that the class action should remain in state court, denying a motion for reconsideration filed by defendant Advance Stores Company, d/b/a Advance Auto Parts.
Missouri federal judge ends class actions against retail brokerage firm Scottrade
Soon after the Missouri-based firm announced last year that its network had been breached in 2013 or 2014, several of its customers filed putative class action lawsuits based on the breach. Judge Shirley Padmore Mensah, in an order earlier this month, said the plaintiffs’ allegations were too speculative and shot down comparisons to other data breach class action cases.
AMA: Lawyer ads alarming prescription drug users, jeopardizing health care
According to a Washington, D.C.-based firm that tracks mass tort litigation advertising, the number of ads focused on drug and medical device litigation has grown in recent years -- and so has the amount of money being spent on such ads.
Wells Fargo to pay $16 million to settle TCPA class action
The proposed class action, filed in a Georgia federal court last year, alleges the financial institution called the plaintiffs on their cell phones through the use of an automatic telephone dialing system without their permission in violation of the Telephone Consumer Protection Act.
Calif. firm makes name defending FedEx against DOJ's 'epic failure'
Arguedas Cassman & Headley LLP, in Berkeley, California, successfully defended FedEx Corporation against the Department of Justice over charges that the Memphis-based global courier conspired to transport illegal prescription drugs. Last month, the U.S. Attorney’s Office moved to dismiss the indictment.
Attorney: DOJ's pursuit of Post Office's competitors shows hypocrisy of administration
The USPS, which provides similar delivery services as FedEx and UPS, is highly unlikely to be pursued by the U.S. Department of Justice for its possible role in transporting illegal prescription drugs. Legal experts point to the Post Office’s poor financial health and the federal government’s reluctance to enforce rules against themselves.
Caterpillar reaches $60 million settlement in class action over alleged engine defects
The plaintiffs argued the engines with the CAT Regeneration System, or CRS, failed, causing the company’s ACERT C13 and C15 on-highway diesel engines to lose horsepower and shut down, requiring Caterpillar-authorized dealer technicians to repair the engines. The plaintiffs alleged they could not effectively do so.
Md. federal judge says possible future injuries not enough in data breach class action
Judge Richard Bennett for the U.S. District Court for the District Court of Maryland recently dismissed the putative class action brought against CareFirst Inc. and CareFirst of Maryland Inc.
U.S. DOJ defends Labor Department’s fiduciary rule in court filing, says injunction would be ‘detrimental’
Last month, the National Association for Fixed Annuities, or NAFA, filed a lawsuit in the U.S. District Court for the District of Columbia. The DOJ, on behalf of the DOL and Perez, filed its own proposed order with the D.C. federal court last week, arguing the rule is necessary to “safeguard the retirement savings of millions of American consumers.”
Second Circuit declines Visa, MasterCard antitrust settlement
The federal appeals court rejected the deal reached between the credit card issuers, various banks and plaintiff merchants. The class, in its lawsuit, took issue with the fees that merchants, and ultimately consumers, pay on all credit and debit card transactions. The Second Circuit, in its June 30 opinion, said the plaintiffs were “inadequately represented” in violation of Rule 23(a)(4) and the Due Process Clause.
Calif. federal judge grants U.S. DOJ’s motion to dismiss FedEx case; government still mum on reasons for abrupt end to litigation
The Memphis-based global courier maintained its innocence since being indicted by the Justice Department in 2014, refusing to settle. The government, which alleged FedEx transported illegal prescription drugs, decided to drop the case less than a week after a bench trial began last month.
ExxonMobil sues Massachusetts AG over climate change investigation demand
The Texas-based oil and gas company argues the civil investigative demand, or CID, that was issued by Attorney General Maura Healey and served on ExxonMobil soon after a state attorneys general climate change conference in March was the product of climate change activists’ “misguided enterprise.”
W.Va. firm blames almost 300 companies in each asbestos lawsuit
The average number of companies targeted by some of the biggest asbestos firms in their lawsuits is in the triple-figures, according to recent statistics, leading some, especially those in claims management, to question the strategy of plaintiffs’ lawyers.
Texas judge temporarily blocks U.S. Department of Labor’s ‘persuader rule’
The new Persuader Advice Exemption Rule requires that employers and the consultants they hire file reports not only for direct persuader activities -- i.e. consultants talking to workers -- but also for indirect persuader activities -- consultants scripting what managers and supervisors say to workers.
U.S. House falls short of votes needed to override Obama’s veto of fiduciary rule resolution
The vote was taken about 10:30 p.m. Wednesday, breaking up a sit-in protest by Democrats pushing for better gun-control measures.