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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: 7.7/day

Last Entry: April 15, 2012 at 16:34:38

Class Action Defense Cases?Brinker v. Superior Court: California Supreme Court Affirms, Reverses And Remand Class Action Certification Ruling In Labor Law Class Action Clarifying Meal And Rest Break Requirements

Posted on April 15, 2012
In Considering Class Action Certification Order in Labor Law Class Action, California Supreme Court Holds Rest Periods Not Mandated Prior to Meal Periods, and Employer must Provide Meal Breaks but need not Ensure Employee Takes Meal Breaks Plaintiffs filed a putative class action in California state court against their employer, Brinker Restaurant, alleging various labor law violations; specifically, the class action complaint alleged that Brinker failed to provide employees with rest breaks, failed to provide employees with meal breaks, and that Brinker required employees to work ?off-the-clock...

Class Action Defense Cases–KPMG v. Cocchi: Supreme Court Reiterates Requirement That State Courts Follow Concepcion And Enforce Arbitration Agreements Under The Federal Arbitration Act (FAA)

Posted on November 28, 2011
State Courts Erred in Denying Defense Motion to Compel Arbitration Under FAA (Federal Arbitration Act) because They Failed to Consider Whether Any Claims were Subject to Arbitration Plaintiffs filed a putative class action in Florida state court against various defendants, including KPMG LLP, for damages suffered as a result of investments made with Bernard Madoff; the class action named the investment funds, the entity that managed the funds, and KPMG as auditor...

Richard Watts: "Fables of Fortune: What Rich People Have That You Don't Want"

Posted on October 31, 2011
California Attorney Richard Watts Publishes Book Based On His Experience In Representing The "Super-Wealthy" Richard Watts, a personal friend of the author and a superb lawyer, has published a book based on his 30-year career representing individuals with a net worth in excess of $100 million...

Class Action Defense Cases–Ellis v. Costco Wholesale Corp.: Ninth Circuit Vacates And Remands Class Action Certification In Gender Discrimination Labor Law Case

Posted on October 10, 2011
District Court Applied Wrong Legal Criteria in Certifying Gender Discrimination Class Action Requiring Remand for Reconsideration based on Standards Enunciated in Wal-Mart v. Dukes Ninth Circuit Holds Plaintiffs filed a putative class action against Costco Wholesale alleging that it discriminates in its promotional practices based on gender...

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California Supreme Court One Step Closer to Decision in Long-Awaited Meal and Rest Period Case: Decision Expected By Mid-February

Posted on October 07, 2011
The California Supreme Court will hear oral argument in Brinker Restaurant v. Superior Court (Hohnbaum, et al., real parties in interest) on November 8, 2011, according to the Court docket issued recently. The Court generally issues decisions within 90 days after completion of oral argument and submission of post-argument briefs, if any...

Class Action Defense Cases–Kaltwasser v. AT&T Mobility: Federal Court Grants Motion To Compel Arbitration Under Federal Arbitration Act (FAA) Following Concepcion

Posted on October 06, 2011
Supreme Court Decision in Concepcion Compelled Granting AT&T’s Motion to Compel Arbitration of Individual Claims because FAA Preempts California Laws Barring Class Action Arbitration Waivers Plaintiff filed a putative class action against cellular telephone service provider, AT&T Mobility, alleging violations of California’s Unfair Competition Law (UCL), False Advertising Law (FAL), Consumer Legal Remedies Act (CLRA) and breach of contract...

Class Action Defense Cases–In re Community Bank: Third Circuit Court Again Reverses Approval Of Class Action Settlement Holding Wrong Legal Standard Applied To Determine Adequacy Of Representation

Posted on October 04, 2011
District Court Applied Wrong Legal Standard in Finding Named Plaintiffs and Their Counsel to be Adequate Representatives of the Proposed Class under Rule 23(a)(4) and thus Abused its Discretion in Certifying Class and Approving Nationwide Class Action Settlement Third Circuit Holds Several putative class actions were filed against various defendants, including Community Bank of Northern Virginia (CBNV), Guarantee National Bank of Tallahassee (GNBT) and Residential Funding Corporation (RFC), arising out of “the alleged predatory lending scheme of the Shumway/Bapst Organization (‘Shumway’), a residential mortgage loan business involved in facilitating the making of high-interest, mortgage-backed loans to debt-laden homeowners...

Class Action Defense Cases–Wal-Mart v. Dukes: Supreme Court Reverses Class Action Certification Of Largest Labor Law Class Action In History Holding Sex Discrimination Claims Lacked Commonality

Posted on June 21, 2011
Class Action Treatment of Sex Discrimination in Promotion Claim Against Wal-Mart not Proper because Commonality Requirement not Met and because Rule 23(b)(2) Class Inappropriate given Monetary Relief Sought Supreme Court Holds Plaintiffs filed a putative labor law class action against Wal-Mart Stores, alleging systematic discrimination against women in pay and promotion in violation of Title VII...

New Labor Law Class Action Filings Maintain Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Posted on June 11, 2011
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...

Third Week Of "Normal" Class Action Filings Finds Drop In Labor Law Class Actions Though They Again Claim Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Posted on June 04, 2011
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...

Labor Law Class Action Filings Dominate New Class Actions Filed In California State And Federal Courts During Past Week

Posted on May 28, 2011
In order to assist class action defense attorneys anticipate the types of lawsuits 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...

Dramatic Drop In New Class Action Filings As Labor Law Class Actions Again Claim Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Posted on May 21, 2011
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...

Sony PlayStation Data Theft Class Action Bandwagon In Full Swing But Labor Law Class Actions Regain Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Posted on May 14, 2011
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...

Dramatic Drop In New Labor Law Class Action Filings Opens Door For UCL Claims To Seize Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Posted on May 07, 2011
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...

Discovery Class Action Defense Cases–Starbucks v. Superior Court: California Appellate Court Reverses Discovery Order Compelling Starbucks To Identify And Disclose Names Of Possible Class Representatives

Posted on May 05, 2011
Trial Court Order Requiring Starbucks to Identify and Disclose Job Applicants with Marijuana Convictions Violates the Privacy Rights Sought to be Redressed by Putative Class Action California Appellate Court Holds Plaintiffs filed a putative class action against Starbucks for allegedly violating California marijuana laws by asking prospective employees to disclose, on a preprinted form, whether they had suffered any marijuana convictions...

Class Action Defense Cases–Mora v. Big Lots Stores: California Appellate Court Affirms Denial Of Class Action Treatment In Labor Law Misclassification Class Action Brought By Store Managers

Posted on May 04, 2011
Trial Court did not Abuse Discretion in Denying Class Action Certification of Store Manager Misclassification Claim because Individual Questions Predominate California Appellate Court Holds Plaintiffs filed a putative class action against their former employer, Big Lots Stores, alleging violations of California’s Labor Code for failure to pay them overtime or to compensate them for missed meal and rest periods...

Class Action Defense Cases–Madison v. Chalmette Refining: Fifth Circuit Court Reverses Class Action Certification Order For Failure Of District Court To Meaningfully Consider Trial Administration Issues

Posted on May 03, 2011
District Court Failed to Consider the Manner in which a Class Action Trial would Proceed Prior to Granting Class Action Treatment, Requiring Reversal of Class Action Certification for Abuse of Discretion Fifth Circuit Holds Plaintiffs filed a putative class action against Chalmette Refining following the release of petroleum coke dust from the Chalmette Refinery...

Class Action Defense Cases–Marlo v. United Parcel Service: Ninth Circuit Court Affirms District Court Order Decertifying Class Action In Labor Law Misclassification Case

Posted on May 02, 2011
District Court did not Abuse its Discretion in Decertifying Class Action Alleging Misclassification of Employees based on its Determination that Common Question of Law and Fact did not Exist Ninth Circuit Holds Plaintiff filed a putative class action against his employer, United Parcel Service (UPS), alleging violations of California’s Labor Code for failure to pay him overtime or to compensate him for missed meal and rest periods...

New Labor Law Class Action Filings Drop Below 50% Mark But Retain Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Posted on April 30, 2011
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...

Federal Arbitration Act (FAA) Class Action Defense Cases–AT&T Mobility v. Concepcion: U.S. Supreme Court Reverses California’s Discover Bank Rule And Holds Class Action Waivers Valid And Enforceable In Arbitration Agreements

Posted on April 28, 2011
Class Action Waivers in Arbitration Agreements are Valid under Federal Arbitration Act (FAA) and California’s Discover Bank Rule, Which Found Such Waivers Unenforceable as Unconscionable Under State Law, is Preempted by the FAA Supreme Court Holds Plaintiffs filed a putative class action in California federal court against AT&T Mobility, with whom they had cellular telephone service, alleging “false advertising and fraud by charging sales tax on phones it advertised as free...

New Labor Law Class Action Filings Finally Hit 50% Mark, Easily Topping List Of New Class Actions Filed In California State And Federal Courts

Posted on April 23, 2011
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...

Labor Law Class Action Filings Fall To Only 30% Of New Class Actions But Retain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Posted on April 16, 2011
To aid defense attorneys in anticipating the types of class actions 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...

New Labor Law Class Action Filings Inch Closer To 50% Mark And Retain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Posted on April 09, 2011
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...

Labor Law Class Actions Remain Below 50% But Retain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Posted on April 02, 2011
To assist class action defense attorneys anticipate the types of lawsuits 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...

Dramatic Drop In Song-Beverly Class Actions Allows Labor Law Class Action Filings To Reclaim Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Posted on March 26, 2011
As a resournce 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–Pineda v. Williams-Sonoma: California Supreme Court Holds ZIP Codes Constitute “Personal Identifiable Information” Within Meaning Of California’s Song-Beverly Act

Posted on March 24, 2011
Trial Court Erred in Dismissing Class Action Complaint because Retailer Request for ZIP Codes Violated Song-Beverly Consumer Protection Statute California Supreme Court Holds Plaintiff filed a putative class action against retailer Williams-Sonoma alleging that it violated California’s Song-Beverly Credit Card Act of 1971 (one of the State’s consumer protection statutes) by asking her for her ZIP code at the time of her purchase...

New Song-Beverly Class Action Filings Slashed In Half Yet Retain Top Spot Among Weekly Class Actions Filed in California State And Federal Courts

Posted on March 19, 2011
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...

Creating A Class Action System–What A Country Should Consider

Posted on March 19, 2011
An Introduction To Issues That Must Be Addressed By Any Country Considering Enacting Or Modifying Class Action Legislation Several countries are considering the use of class action lawsuits. This article?s purpose is to identify the important issues one should consider in evaluating the fairness and efficacy of class action litigation...

Lull Before The Storm: Song-Beverly Class Action Filings Soar And Retain Top Spot Among Weekly Class Actions Filed in California State And Federal Courts

Posted on March 12, 2011
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...

Slight Decrease In Song-Beverly Class Action Filings But Still Top Labor Law Class Actions Among Weekly Class Action Filings In California State And Federal Courts

Posted on March 05, 2011
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...

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