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Class Action

Class Action Defense Blog

Class action news, articles and analysis on courts decisions, laws and litigation strategies.
By Michael J. Hassen

Post Frequency: 9.9/day

Last Entry: March 26, 2011 at 13:44:16

New Labor Law Class Action Filings Remain Below Normal But Retain Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Posted on May 29, 2010
To assist class action defense attorneys anticipate the types of cases against which they will have to defend, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Labor Law Class Action Filings Below Normal But Hold Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Posted on May 15, 2010
As a resource to California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Toyota Acceleration Class Action Defense Cases–In re Toyota: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Central District Of California

Posted on May 14, 2010
Judicial Panel Grants One Plaintiff’s Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 in Central District of California, Rejecting Competing Request of Plaintiff in Different Class Action to Centralize Lawsuits in Eastern District of Louisiana Eleven class actions – five in California, three in Louisiana, and one each in the Middle and Southern Districts of Florida and in West Virginia – were filed against various Toyota Motor entities arising out of product defect liability claims: “Each of the actions…asserts economic damages on behalf of certain classes and/or individuals stemming from an alleged defect in certain Toyota vehicles that causes sudden, unintended acceleration...

Class Action Arbitration Defense Cases–Stolt-Nielsen v. AnimalFeeds: Supreme Court Holds Federal Arbitration Act (FAA) Requires Agreement To Arbitrate Claims Brought As Class Action

Posted on May 10, 2010
Party to Arbitration Clause Governed b y FAA (Federal Arbitration Act) may not be Compelled to Arbitrate Class Action Claims where Arbitration Clause is Silent on Class Action Arbitration Supreme Court Holds Plaintiff AnimalFeeds is a company that “supplies raw ingredients, such as fish oil, to animal-feed producers around the world”; “AnimalFeeds ships its goods pursuant to a standard contract known in the maritime trade as a charter party...

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From Extremes To Balance...New Class Action Lawsuits Bunched Into Three Groups But Labor Law Class Actions Barely Hold Top Spot Of New Class Action Filings During Past Week In California State And Federal Courts

Posted on May 08, 2010
To assist class action defense attorneys anticipate the types of claims against which they will have to defend in California courts, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Pendulum Swings On Variety Of Class Action Filings During Past Week With Only Labor Law Class Action Filings Meeting Reporting Threshold For New Class Action Lawsuits Filed In California State And Federal Courts

Posted on May 01, 2010
As a resource for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Wal-Mart Class Action Defense Cases–Cunningham Charter v. Learjet: Ninth Circuit Court Affirms Class Action Certification Of Largest Labor Law Class Action In U.S. History

Posted on April 29, 2010
Labor Law Class Action Alleging Wal-Mart Discriminates Against Female Employees in Violation of Title VII of the Civil Rights Act of 1964 Properly Certified As Nationwide Class Action by District Court Ninth Circuit Holds Plaintiffs filed a class action against Wal-Mart alleging violations of Title VII of the Civil Rights Act of 1964; specifically, the class action complaint alleged that Wal-Mart discriminates against its female employees...

Countrywide Class Action Defense Cases–Greenwich Financial v. Countrywide: Second Circuit Court Dismisses Appeal From Order Remanding Class Action To State Court Holding CAFA Exception Precluded Appellate Review

Posted on April 27, 2010
District Court Order Remanding Class Action to State Court Must be Dismissed because Class Action Fairness Act did not Authorize Appellate Review of Specific Facts of the Case Second Circuit Holds Plaintiffs, the “holders of certificates issued by the trusts,” filed a putative class action in New York state court against various Countrywide Financial entities seeking a declaratory judgment that, under the terms of Pooling and Servicing Agreements between plaintiffs and defendants, Defendant Countrywide Servicing is required to repurchase the certain loans from the plaintiff-trusts “at a price equal to their unpaid principal plus any accrued interest...

Wide Range Of Class Action Filed During Past Week But Labor Law Class Action Filings Maintain Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Posted on April 24, 2010
To assist class action defense attorneys anticipate the types of cases against which they may have to defend in California, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Jeffer Mangels Butler & Marmaro Launches "OC Litigation News" Newsletter

Posted on April 23, 2010
The author of the Class Action Defense Blog is pleased to share with you the first edition of the JMBM "OC Litigation News" newsletter, written by members of the Litigation Department in the Orange County office of Jeffer Mangels Butler & Marmaro LLP...

Class Action Defense Cases–Murray v. Fidelity National Financial: Fifth Circuit Court Affirms Dismissal Of Class Action Complaint Holding Plaintiffs’ Claims Mooted By Tender During Pendency Of Rule 15(a)(2) Motion

Posted on April 22, 2010
Class Action Complaint Properly Dismissed on Grounds that Tender by Defendant Made Prior to Court Ruling on Motion to Amend Complaint to Add New Party-Plaintiffs because Plaintiffs could have Filed Separate Lawsuit or Filed Original Lawsuit to Avoid Risk of Mootness Fifth Circuit Holds A putative class action was filed against Ticor Title, Chicago Title and others, alleging that Ticor “had overcharged them to record documents related to their residential real estate closings and that the other Defendants were also liable under theories of vicarious liability...

Class Action Defense Cases–In re Schering-Plough: New Jersey Federal Court Approves Class Action Settlement Where Only Monetary Benefit Was Payment Of Attorney Fees And Costs

Posted on April 21, 2010
Class Action Settlement of Lawsuits Challenging Merger of Schering-Plough and Merck Warranted Approval where Terms Required Declaratory Relief for Class in the Form of Additional Disclosures by Schering-Plough Prior to Shareholder Vote on Proposed Merger and Payment of $3...

Aetna Class Action Defense Cases–Allison v. Aetna: Pennsylvania Federal Court Dismisses Class Action Holding Plaintiff Failed To Establish Standing Because Alleged Injury Too Speculative

Posted on April 20, 2010
Class Action Complaint Premised on Risk of Identity Theft Failed to Adequately Allege Injury in Fact and, Accordingly, Must be Dismissed for Lack of Standing Pennsylvania Federal Court Holds Plaintiff filed a putative class action against Aetna in federal court, asserting jurisdiction under the Class Action Fairness Act (CAFA), arising out of “an alleged security breach of Defendant’s online job application database”; specifically, the class action complaint alleged that plaintiff (who had worked for Aetna previously) applied online for a position with Aetna and, as part of the application, “uploaded his personal information as well as his resume” and subsequently learned that Aetna’s job application website had been hacked...

Wells Fargo Class Action Defense Cases–Martinez v. Wells Fargo: Ninth Circuit Court Affirms Dismissal Of Class Action Holding RESPA and UCL Claims Preempted By National Bank Act

Posted on April 19, 2010
Class Action Alleging Violations of Federal Real Estate Settlement Procedures Act (RESPA) and California’s Unfair Competition Law (UCL) Properly Dismissed by District Court because Class Action Claims were Preempted by National Bank Act Ninth Circuit Holds Plaintiffs filed a putative class action against Wells Fargo alleging violations of the federal Real Estate Settlement Procedures Act (RESPA) and California’s Unfair Competition Law (UCL); specifically, the class action complaint alleged that Wells Fargo violated RESPA’s prohibition against “unearned fees” by “overcharging” its customers, and that “Wells Fargo’s conduct was ‘unfair,’ ‘fraudulent’ and ‘illegal,’ all in violation of the UCL...

Labor Law Class Action Filings Again Below Normal But Labor Law Class Actions Retain Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Posted on April 17, 2010
As a resource to California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

New Employment-Related Class Action Filings Remain Below Normal But Labor Law Class Actions Maintain Grip On Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Posted on April 10, 2010
To assist class action defense attorneys anticipate the types of cases against which they may have to defend in California courts, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Class Action Defense Cases–Shady Grove v. Allstate: Divided Supreme Court Reverses Dismissal Of Class Action Holding New York Law Barring Class Actions Seeking Penalties Falls To Rule 23

Posted on April 06, 2010
District Court Erred in Dismissing Class Action Based on New York law Barring Class Actions that Seek Penalties or Statutory Damages because the Statute is Incompatible with Rule 23’s Mandate Allowing Class Action Certification if Requirements are Met Supreme Court Holds Plaintiff, a medical care provider, filed a class action in New York federal court against Allstate Insurance; the class action complaint alleged that plaintiff provided medical care to an Allstate insured and accepted an assignment of the insured’s rights to benefits of her Allstate policy, and that Allstate paid benefits under the policy “but not on time, and it refused to pay the statutory interest that accrued on the overdue benefits (at two percent per month)...

Pendulum Swings As Labor Law Class Action Filings Again Drop Significantly But Still Top List Of New Class Action Lawsuits Filed In California State And Federal Courts

Posted on April 04, 2010
As a resource to California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Class Action Defense Cases–Jones v. DirecTV: Georgia Federal Court Denies Motion To Compel Arbitration Holding Class Action Waiver In Arbitration Clause Rendered It Unconscionable

Posted on March 30, 2010
Class Action Challenging Monthly Fees Imposed by Satellite TV Provider not Subject to Arbitration on Individual Basis because Class Action Waiver in Arbitration Provision was Unenforceable Georgia Federal Court Holds Plaintiff filed a putative class action in a Georgia federal court against his satellite television provider, DirecTV, alleging breach of contract and unjust enrichment, and seeking an accounting as well as injunctive and declaratory; specifically, the class action complaint alleged that DirecTV “collect[ed] excessive ‘tax’ charges and improperly billed lease fees” in connection with the satellite television service, and sought to prohibit it from collecting or billing customers “for taxes in excess of those actually due and owing...

Surge In Class Action Filings As Labor Law Class Actions Regain Top Spot Among New Class Action Lawsuits Filed In California State And Federal Courts

Posted on March 27, 2010
To assist class action defense attorneys anticipate the types of cases against which they will have to defend in California, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Second Weekly Drop In New Labor Law Class Action Filings Allow UCL Class Actions To Claim Top Spot Among New Class Action Lawsuits Filed In California State And Federal Courts

Posted on March 20, 2010
As a resource for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Class Action Defense Cases–Gintis v. Bouchard Transportation: First Circuit Reverses Denial Of Class Action Treatment Holding Defense Arguments Suggest Common Issues May Predominate

Posted on March 17, 2010
District Court Denial of Class Action Certification on Grounds that Individuals Issues will Predominate over Common Issues Contradicted by Defense Arguments on Appeal that it will Raise Common Challenges in Individual Lawsuits First Circuit Holds Plaintiffs filed a class action against Bouchard Transportation arising out of an oil spill in Buzzards Bay in southeastern Massachusetts; the class action complaint alleged Massachusetts state law claims for “strict liability for damage to real property on the owner of a vessel from which oil has spilled” and for “negligent discharge of petroleum,” and a common law claim for nuisance...

Sprint Class Action Defense Cases–Hesse v. Sprint: Ninth Circuit Court Reverses Summary Judgment Dismissing Class Action Holding That Prior Nationwide Class Action Settlement Did Not Bar Present Class Action Complaint

Posted on March 15, 2010
Broad Release Language in Prior Nationwide Class Action Settlement did not Preclude Instant Class Action Lawsuits because Class Representative in Nationwide Class Action was not Adequate Representative of Instant Class and because Class Actions were not Premised on “Identical Factual Predicate” Ninth Circuit Holds Plaintiffs filed separate putative class action lawsuits in Washington state court against Sprint alleging violations of the state’s Business & Occupation Tax (“B&O tax”) and Consumer Protection Act (“CPA”), as well as breach of contract and unjust enrichment; specifically, the class action complaints alleged that Sprint unlawfully passed the B&O tax on to consumers...

Labor Law Class Action Filings Drop Significantly But Still Top List Of New Class Action Lawsuits Filed In California State And Federal Courts

Posted on March 13, 2010
To assist class action defense attorneys anticipate the types of cases against which they will have to defend in California, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Employment-Related Class Action Complaints Again Top Categories Of Class Action Lawsuits Filed In California State And Federal Courts During Past Week

Posted on March 06, 2010
As a resource to California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

UCL Class Action Defense Cases–Kaing v. Pulte Homes: California Federal Court Dismisses UCL/CLRA Class Action Holding Plaintiff Lacked Standing For Failing To Adequately Allege Damages

Posted on March 04, 2010
Class Action Complaint Alleging Homebuilder Inflated Purchase Price of New Homes and Loaned Money to High Foreclosure Risk Purchasers Failed to Adequately Allege Damages so Plaintiff Lacked Standing to Prosecute Class Action Claims California Federal Court Holds Plaintiff filed a putative class action against various Pulte Home entities arising out of her purchase from Pulte of a newly-constructed single-family residence; the class action complaint alleged that Pulte – which both manufactures homes and provides financing for their purchase – induced plaintiff to obtaining financing through Pulte by “provid[ing] significant financial incentives” to her and others, without disclosing that they would not otherwise qualify for a home loan and were at high risk of foreclosure...

Class Action Defense Cases–Archdiocese v. Halliburton: Fifth Circuit Affirms Denial Of Class Action Certification In Securities Fraud Class Action Complaint Against Halliburton

Posted on March 03, 2010
Class Action Complaint Against Halliburton Alleging Violations of Securities Laws did not Apply Wrong Legal Standard in Ruling on Class Action Certification Motion and Properly Denied Class Action Treatment because Plaintiff Failed to Establish Causation Seventh Circuit Holds Plaintiff filed a putative class action against Halliburton and David Lesar (its COO and then CEO during the class period alleging violations of various federal securities laws; specifically, the class action complaint alleged that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as well as Rule 10(b)-5...

Class Action Defense Cases–Yokoyama v. Midland National Life: Ninth Circuit Reverses Denial Of Class Action Certification Holding Individualized Reliance Not Required Under Hawaii Deceptive Practices Act

Posted on March 02, 2010
District Court Erred in Denying Class Action Certification Motion in Class Action Alleging Violations of Hawaii’s Deceptive Practice Act because Hawaii Case Law Establishes that Individualized Reliance need not be Shown so Common Questions Predominated over Individual Questions Ninth Circuit Holds Plaintiff filed a putative class action against Midland National Life Insurance Company alleging violations of Hawaii’s Deceptive Practices Act; specifically, the class action complaint alleged that the brochures prepared by Midland to market annuities to senior citizens violated Hawaii law...

Labor Law Class Action Filings Go Through The Roof -- Employment-Related Class Action Claims Maintain Hold On Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Posted on February 27, 2010
To assist California class action defense attorneys anticipate the types of class actions against which they will have to defend in California courts, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

NCAA Class Action Defense Cases–O’Bannon v. NCAA: California Federal Court Denies Motion To Dismiss Antitrust Class Action Holding Student Athlete Claims Adequately Pleaded Sherman Act Claim

Posted on February 25, 2010
Class Action Challenging NCAA Requirement that Student Athletes Allow NCAA to use Likeness, Without Compensation, Adequately Pleaded Antitrust Violations California Federal Court Holds Two separate class action lawsuits, one by Edward O’Bannon and one by Craig Newsome, were filed against the National Collegiate Athletic Association (NCAA) and the Collegiate Licensing Company (CLC) alleging violations of the Sherman Act, as well as state law claims for unjust enrichment and accounting...

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