Jessica Karmasek News
Plaintiffs attorney: U.S. SC decision won’t stop companies from finding ways to head off class actions
Attorney David Stein, who often represents consumers in complex consumer protection and financial fraud cases against Fortune 100 companies, said in a lot of cases, voluntary reimbursement or relief is not enough for plaintiffs.
Attorneys for former investment adviser want full D.C. Circuit review of SEC decision
In August, the U.S. Court of Appeals for the D.C. Circuit rejected a petition for review of a 2013 decision by U.S. Securities and Exchange Commission administrative law judges. The judges barred Raymond J. Lucia and his company from associating with a financial adviser, broker or dealer and revoked the company’s investment adviser registrations.
Wells Fargo shareholders file class action, allege bank execs ‘concealed’ source of record sales
On Tuesday, the bank, no doubt feeling the pressure from federal lawmakers and others, announced that the independent directors of its Board of Directors have launched an investigation into Wells Fargo’s retail sales practices and related matters. CEO John Stumpf will forfeit his salary and awards -- valued at more than $41 million -- amid the independent investigation.
Names of DOJ attorneys who 'misled' judge scrubbed from court doc; DOJ not volunteering info
The U.S. Department of Justice won't release the names of attorneys whose conduct in a high-profile immigration case was called
Sixth Circuit sides with plaintiffs in data breach class actions, says it would be ‘unreasonable’ for customers to wait for misuse
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
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
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’
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
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’
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
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’
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
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
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
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
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’
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
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
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
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.