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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

Class Action Defense Cases—In re Bank of America Auction Rate Securities (ARS): Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Transfer Class Actions To California

Posted on February 27, 2009

CAFA Class Action Defense Cases–Dennison v. Carolina Payday Loans: Fourth Circuit Affirms Remand Of Class Action To State Court Holding Class Action Fairness Act (CAFA) Minimal Diversity Not Established

Posted on February 26, 2009
Class Action Properly Remanded to State Court because under CAFA (Class Action Fairness Act) Defendant is Citizen of Both State of Incorporation and State of Principal Place of Business, and CAFA does not Permit Defendant to Choose State of Citizenship to Satisfy Minimal Diversity for Removal Jurisdiction Fourth Circuit Holds Plaintiff filed a class action in South Carolina state court against Carolina Payday Loans alleging violations of state law in “payday loans” that were allegedly unconscionable; plaintiff was a South Carolina citizen, and brought the putative class action complaint on behalf of herself and other South Carolina citizens...

CAFA Class Action Defense Cases–McLoughlin v. People’s United: Connecticut Federal Court Denies Motion To Remand Class Action To State Court Holding Removal Jurisdiction Exists Grants Under Class Action Fairness Act (CAFA)

Posted on February 25, 2009
Class Action Properly Removed to Federal Court under CAFA (Class Action Fairness Act of 2005) because Defendants Established by Preponderance of the Evidence that Class Action Placed more than $5 Million in Controversy Connecticut Federal Court Holds Plaintiffs filed a class action in Connecticut state court against Bank of New York Mellon (“Mellon”) and People’s United Bank (“Bank”) alleging negligence, invasion of privacy, breach of fiduciary duty, and violations of Connecticut’s Unfair Trade Practices Act (CUTPA); the class action complaint asserted that Mellon lost electronic data belong to Bank customers...

Class Action Defense Cases–Moore-Thomas v. Alaska Airlines: Ninth Circuit Reverses Dismissal Of Class Action For Failure To Arbitrate Under RLA And Holds Class Action Improperly Removed To Federal Court

Posted on February 24, 2009
Defendant Improperly Removed Labor Law Class Action to Federal Court and Therefore District Court Erred in Dismissing Class Action for Lack of Subject Matter Jurisdiction Ninth Circuit Holds Plaintiff filed a class action against Alaska Airlines alleging labor law violations; the class action complaint asserted that defendant willfully failed to pay its former employees all wages due upon termination as required by Oregon law...

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PSLRA Class Action Defense Cases–Public Employees’ Retirement Ass’n v. Deloitte & Touche: Fourth Circuit Affirms Dismissal Of Securities Class Action Without Leave To Amend For Failure To Adequately Plead Scienter

Posted on February 23, 2009
Securities Fraud Class Action Claims Against Accountants Properly Dismissed for Failure to Plead Scienter Required by Private Securities Litigation Reform Act (PSLRA) because Evidence Showed Company Concealed Information from Accountants Fourth Circuit Holds Plaintiffs filed a class action against various defendants alleging securities fraud violations; the class action complaint alleged that Royal Ahold, N...

Labor Law Class Action Lawsuits Regain Dominance Among Weekly Class Action Lawsuits Filed In California State And Federal Courts In Week Of Heavy Class Action Activity

Posted on February 21, 2009
In order to allow class defense attorneys anticipate 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 the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Class Action Defense Cases— In re Text Messaging Antitrust: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motions To Centralize Class Action Litigation But Chooses Northern District Of Illinois As Transferee Court

Posted on February 20, 2009
Faced with Three Motions for Centralization, Judicial Panel Grants Plaintiffs’ Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407, Unopposed by Responding Class Action Plaintiffs and Defendants, and Transfers Class Actions to Northern District of Illinois Sixteen (16) class actions – filed in federal courts in the District of Columbia, Arkansas, Illinois, Kansas, Louisiana, Mississippi, New Jersey, Ohio, Pennsylvania, Puerto Rico, and Texas – were filed against various defendants alleging violations of federal antitrust laws; 15 additional and related class actions also were filed, and were treated as potential tag-along class actions...

Class Action Defense Cases–Solon v. Midwest Medical: Illinois State Appellate Court Holds Statutory Authorization For Reasonable Expenses Up To $20 Did Not Support Charging $20 Flat Fee In Connection With Copy Services

Posted on February 19, 2009
As Matter of First Impression, in Class Action Challenging $20 Flat Fee for “Handling” Copy Requests for Medical Requests, Statute Only Authorized Reimbursement of “Reasonable Expenses” which, by Definition, would Vary Among Copy Requests Illinois State Court Holds Plaintiffs filed a class action against Midwest Medical Records Association (MMRA) alleging deceptive and illegal practices in violation of Illinois law; specifically, the class action complaint alleged that MMRA “overcharge[ed] patients for requested copies of medical records...

FDCPA Class Action Defense Cases–Herkert v. MRC Receivables: Illinois Federal Court Amends Class Definitions And Certifies Class Action In FDCPA (Fair Debt Collection Practices Act) Class Action

Posted on February 18, 2009
Class Action Challenging Defendants Debt Collection Practices Warranted Class Action Treatment Illinois Federal Court Holds Plaintiffs filed a class action against MRC Receivables and others alleging violations of the federal Fair Debt Collection Practices Act (FDCPA) and the Illinois Collection Agency Act (ICAA)...

FLSA Class Action Defense Cases–Gortat v. Capala Brothers: New York Federal Court Grants Plaintiffs’ Motion To Dismiss Crossclaims Against Named Plaintiffs In Labor Law Class Actions

Posted on February 17, 2009
In FLSA Class Action, Plaintiffs’ Motion to Dismiss Crossclaims by Defendants Granted because Negligence and Breach of Fiduciary Duty Claims could not Survive New York Federal Court Holds, but Conversion Claim not Challenged and Defendants Granted Leave to Amend Tortious Interference Claim Six plaintiffs filed a class action against their employer, Capala Brothers, a construction company, alleging violations of the federal Fair Labor Standards Act (FLSA) and the New York Minimum Wage Act; in response to the class action complaint, defendants counterclaimed against the plaintiffs for conversion, negligence, tortious interference with contract, and breach of fiduciary duty...

Class Action Defense Cases–Hauk v. JP Morgan Chase: Ninth Circuit Affirms Summary Judgment On Class Action’s TILA Claim But Reverses As To Class Action’s UCL And False Advertising Claims

Posted on February 16, 2009
District Court Properly Granted Summary Judgment in Favor of Bank as to Claim Alleging Violation of Federal Truth In Lending Act (TILA) because Bank’s Disclosures were Accurate, but Genuine Issue of Material Fact Precluded Summary Judgment as to Unfair Competition Law (UCL) and False Advertising Law (FAL) Claims Ninth Circuit Holds Plaintiff filed a class action against JP Morgan Chase alleging violations of the federal Truth in Lending Act (TILA), the federal Fair Credit Reporting Act (FCRA) and California’s Consumers Legal Remedies Act (CLRA); plaintiff’s amended class action complaint added claims for alleged violations of California’s Unfair Competition Law (UCL) and False Advertising Law (FAL)...

Class Action Defense Cases–Dukes v. Wal-Mart: Ninth Grants Rehearing En Banc Of District Court Order Certifying Nationwide Class Action Against Wal-Mart In Labor Law Class Action Alleging Sex Discrimination Covering 1.5 Million Class Members

Posted on February 15, 2009
Wal-Mart’s Petition for Rehearing En Banc of District Court Order Certifying Nationwide Labor Law Class Action Alleging Sex Discrimination Against 1.5 Million Employees Granted by Ninth Circuit We have previously reported on the Ninth Circuit opinion in Dukes v...

Rare Balance Among New Class Action Filings But Employment-Related Class Action Lawsuits Maintain Top Spot Of Weekly Class Action Suits Filed In California State And Federal Courts

Posted on February 14, 2009
As a resournce for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Class Action Defense Cases—In re Processed Eggs: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motions To Centralize Class Action Litigation And Transfers Class Actions To Eastern District Of Pennsylvania

Posted on February 13, 2009
Faced with Two Motions to Centralize Class Actions, Judicial Panel Grants Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 and Agrees with Plaintiffs in Pennsylvania Class Actions that Eastern District of Pennsylvania is the Appropriate Forum for the Class Actions Three class actions –two in Pennsylvania and one in Minnesota – were filed against various defendants alleging federal antitrust violations; 16 related class action lawsuits subsequently were filed (12 in Pennsylvania, 3 in Minnesota and one in New Jersey), which were treated as potential tag-along cases...

CAFA Class Action Defense Cases--Ava Acupuncture v. State Farm: New York Federal Court Denies Motion To Remand Class Action To State Court Holding "Reasonably Probable" $5,000,000 Was At Stake And Plaintiffs Failed To Establish Local Controversy Exception

Posted on February 12, 2009
Class Action Properly Removed to Federal Court under CAFA (Class Action Fairness Act) because State Farm Declaration Established “Reasonable Probability” that Amount in Controversy Exceeded $5 Million and Plaintiffs Failed to Establish Relief Sought Against “Significant” Local Defendant New York Federal Court Holds Plaintiffs, medical providers who had “been assigned No-Fault medical reimbursement claims by eligible injured persons (‘EIPs’),” filed a class action in New York state court against various defendants, including State Farm, alleging “that defendant insurers have fraudulently failed to pay statutorily mandated medical benefits under New York's No-Fault Insurance Law” and that, together with “their legal counsel and special investigation units (‘SIUs’),” violated various New York state laws...

CAFA Class Action Defense Cases–Johnson v. Advance America: Fourth Circuit Affirms Remand Of Class Action Against Payday Lender To State Court Because Minimal Diversity Under Class Action Fairness Act (CAFA) Not Met

Posted on February 11, 2009
District Court Properly Remanded Class Action to State Court because under Class Action Fairness Act (CAFA) a Defendant is Citizen of Both its State of Incorporation and the State where it has its Principal Place of Business Fourth Circuit Holds Plaintiffs filed a class action against Advance America in South Carolina state court alleging labor law violations; alleging violations of state law in “payday loans” that were allegedly unconscionable and failed to meet the state law requirement for good faith and fair dealing; plaintiffs were South Carolina citizens, and brought the putative class action complaint on behalf of themselves and other South Carolina citizens...

Labor Law Class Action Defense Cases–Crab Addison v. Superior Court: California Appellate Court Denies Writ Relief In Labor Law Class Action Holding Plaintiff Entitled To Contact Information Of Members Of Putative Class Action Despite Release Form

Posted on February 10, 2009
Employees’ Execution of Release Forms Requesting Employer not to Disclose their Contact Information in Connection with Litigation did not Prevent Disclosure to Plaintiff in Labor Law Class Action California State Appellate Court Holds Plaintiff filed a class action against his employer Crab Addison (erroneously sued as Joe’s Crab Shack) alleging labor law violations; the class action complaint asserted that defendant failed to provide meal and rest periods as required by law, and that it misclassified employees as exempt...

GM Class Action Defense Cases–J & R Marketing v. General Motors: Sixth Circuit Affirms Dismissal Of Securities Class Action Holding Class Action Plaintiff’s Claims Were Meritless

Posted on February 09, 2009
Securities Class Action Claims Meritless because GMAC’s Representations Concerning Its Bonds were not False or Misleading and GMAC was not Required to Learn and Disclose Information Concerning the Financials of its Parent Company GM Sixth Circuit Holds Plaintiffs, as purchasers of bonds registered by GMAC, filed a class action against GMAC, GM and others alleging violations of federal securities laws; specifically, the class action complaint advanced claims under Sections 11 and 12(a)(2) of the Securities Act of 1933, and that GMAC failed to disclose required information and made material misstatements in its registration statements and prospectuses for various bond offerings...

No Surprise...Labor Law Class Action Lawsuits Hold Top Spot Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

Posted on February 07, 2009
In order to allow defense attorneys anticipate 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 the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Class Action Defense Cases—In re VistaPrint: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of Texas

Posted on February 06, 2009
Faced with Two Motions to Centralize Class Actions, Judicial Panel Grants Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 and Agrees with Defendants that the Southern District of Texas is the Appropriate Forum for the Class Actions Seven class actions –two in Massachusetts; and one each in Alabama, Florida, Nevada, New Jersey and Texas – were filed against various defendants including VistaPrint, Vertrue and Adaptive Marketing, alleging violations of the federal Electronic Fund Transfer Act and the federal Electronic Communications Privacy Act...

CAFA Class Action Defense Cases–United Steel Workers v. Shell Oil: Ninth Circuit Reverses District Court Order Remanding Class Action To State Court Holding Timely Removal Of Class Action Under CAFA By One Defendant Is Sufficient

Posted on February 05, 2009
District Court Erred in Remanding Labor Law Class Action Complaint to State Court because Defendants Separately Filed Notices of Removal Pursuant to Class Action Fairness Act (CAFA), and Timely Removal under CAFA by One Defendant was Sufficient to Remove Class Action to Federal Court for All Defendants Ninth Circuit Holds The United Steel Workers union filed a class action in California state court against Shell Oil, Equilon and Tesoro alleging various labor law violations; the class action complaint asserted that defendants failed to provide employees with meal or rest periods, failed to provide proper wage statements, and failed to timely pay wages on termination...

MARK YOUR CALENDARS - CLASS ACTION DEFENSE CONFERENCE COMING TO NEW YORK

Posted on February 05, 2009
ACI is sponsoring a conference on Managing Complex Litigation, which will be held at the Helmsley Park Lane in New York on February 25 and 26, 2009. The conference features a faculty of 25 in-house counsel. Details on the conference and its topics may be found at www...

Amex Class Action Defense Cases–In re American Express: Second Circuit Reverses District Court Order Enforcing Class Action Waiver And Compelling Individual Arbitration In Antitrust Class Action

Posted on February 04, 2009
As Matter of First Impression, District Court Erred in Antitrust Class Action in Compelling Arbitration Pursuant to Mandatory Arbitration Clause in Commercial Contract and Enforcing Class Action Waiver because Absent Class Action Relief it was Unlikely Merchants would seek Redress for Alleged Wrong Second Circuit Holds Several class action lawsuits were filed by various merchants against American Express alleging violations of federal antitrust laws in the form of a “tying arrangement” between its charge cards and credit cards; the first of these class actions was filed in August 2003 in the Northern District of California, but in December 2004 the district court granted a motion filed by defense attorneys to transfer the class actions, pursuant to 28 U...

Deloitte Class Action Defense Cases– In re Parmalat Securities: New York Federal Court Denies Defense Summary Judgment Motion In Securities Fraud Class Action

Posted on February 03, 2009
Summary Judgment as to Securities Fraud Claims against Various Deloitte Entities Denied because Genuine Issues of Fact Existed as to Liability for Claims in Class Action Complaint New York Federal Court Holds Following the collapse of Parmalat Finanziaria, S...

Sprint Class Action Defense Cases–Meyer v. Sprint: California Supreme Court Affirms Dismissal Of UCL Class Action Holding Plaintiffs Had Not Suffered Any Damage As A Result Of The Acts Underlying The Class Action Complaint

Posted on February 02, 2009
Class Action Challenging Sprint’s Mandatory Arbitration/Class Action Waiver Clause Properly Dismissed because no Dispute Existed between Plaintiffs and Sprint so no Present Controversy, thus Plaintiffs Lacked Standing to Prosecute Class Action’s Claims, and because Claim for Declaratory Relief Within Trial Court’s Discretion to Dismiss California Supreme Court Holds Plaintiff filed a class action against Sprint Spectrum L...

Labor Law Class Action Lawsuits Maintains Top Spot Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

Posted on January 31, 2009
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 the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Class Action Defense Cases—In re Northstar Education Finance: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motion To Centralize Class Action Litigation In District Of Minnesota

Posted on January 30, 2009
Judicial Panel Grants Plaintiffs’ Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407, Supported by Other Class Action Plaintiffs and by Common Defendant, and Transfers Class Actions to District of Minnesota Three class actions – one each in California, Michigan and Minnesota – were filed against Northstar Education Finance alleging that “Northstar’s suspension of its bonus program, in which Northstar offered a credit to borrowers who were no more than 59 days late in making loan repayments, was a breach of contract...

FDCPA Class Action Defense Cases–Campuzano-Burgos v. Midland Credit: Third Circuit Reverses FDCPA Class Action Ruling In Favor Of Plaintiffs Holding Dunning Letters Underlying Class Action Did Not Violate FDCPA

Posted on January 29, 2009
As Matter of First Impression, Dunning Letters/Settlement Offer Letters Sent by Debt Collector over Signatures of Corporate Officers who did not Write, Sign or Personally Authorize Letters did not Violate FDCPA because Letters were Plainly Sent on Behalf of Corporation and not Individuals Third Circuit Holds Plaintiffs filed a class action against various defendants, including Midland Credit Management, alleging violations of the federal Fair Debt Collection Practices Act (FDCPA); the class action complaint asserted that defendants sent “false, misleading, or deceptive collection notices in contravention of §§ 1692e and 1692e(9) of the Act...

PSLRA JP Morgan Class Action Defense Cases–ECA v. JP Morgan Chase: Second Circuit Affirms Dismissal Of Securities Class Action Holding Class Action Complaint’s Allegations Failed To Establish Materiality Or Scienter Under PSRLA

Posted on January 28, 2009
District Court Properly Dismissed Securities Fraud Class Action Against JP Morgan Chase because Misrepresentations Underlying Class Action were not Material and Class Action Failed to Adequately Allege Scienter under Heightened Pleading Requirements Established by Private Securities Litigation Reform Act (PSLRA) Second Circuit Holds Plaintiffs filed a class action against JP Morgan Chase (JPMC) and two of its officers alleging violations of federal securities laws; the class action complaint asserted that defendants “defrauded JPMC shareholders by making deliberate misrepresentations that artificially inflated the price of JPMC stock and ultimately led to a collapse of JPMC’s share price...

State Farm Class Action Defense Cases–Moore v. State Farm: Fifth Circuit Affirms Summary Judgment In Favor Of State Farm In Class Action Challenging Conversion Of Homeowners Insurance Policies

Posted on January 27, 2009
District Court Properly Granted State Farm’s Summary Judgment Motion in Class Action Challenging Conversion Of Homeowners Insurance Policies because Conversion did not Constitute Cancelation or Nonrenewal of Policies in Violation of Louisiana Law Fifth Circuit Holds Plaintiff filed a class action in Louisiana state court against State Farm alleging that its conversion of homeowner insurance policies to new policy forms violated Louisiana law...

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