by Jeff Sovern Some of my students tell me they have received the following class action notice: IF YOU RECEIVED A CALL THROUGH THE USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM AND/OR A PRERECORDED VOICE FROM DISCOVER TO YOUR CELLULAR TELEPHONE BETWEEN NOVEMBER 30, 2007 AND SEPTEMBER 10, 2013, THIS NOTICE DESCRIBES YOUR RIGHTS IN […]
Category Archives: Class Actions
by Deepak Gupta In a much-anticipated decision, the Fifth Circuit held today that the National Labor Relations Board overstepped its authority when it ruled that an employer violated federal labor law by requiring its employees to sign an arbitration agreement containing a class-action ban. Judge Leslie Southwick, joined by Judge King, isssued the opinion for the court. Here's […]
by Deepak Gupta In a 70-page opinion by Justice Goodwin Liu, the California Supreme Court on Thursday issued its eagerly anticipated decision in Sonic-Calabasas v. Moreno. Addressing the impact of both AT&T Mobility v. Concepcion and American Express v. Italian Colors for the first time, the court makes clear that unconscionability — focused on whether […]
Linda Mullenix of Texas has written The Court's 2012 Class Act: A Little Bit of This, a Little Bit of That, 40 Preview of U. S. Supreme Court Cases 328 (2013). Here's the abstract: Building on the Court’s heightened interest in class action litigation, the Court during the 2012-13 term issued an unprecedented six decisions […]
by Deepak Gupta We've already blogged here quite a bit in the past few days about our rehearing petition in the Third Circuit class-action case of Carrerra v. Bayer — including this post on a recent column by Alison Frankel of Reuters. Today, Frankel has a new story about the case. This time, she writes about the […]
by Deepak Gupta Legal reporter Alison Frankel of Reuters has a new column highlighting the effort to seek full-court rehearing of the Third Circuit's troubling decision in Carrera v. Bayer, which holds that plaintiffs must show, before they can certify a class, how they will identify and prove the class membership of consumers who purchased the defendant's product. […]
Alexandra D. Lahav of Connecticut has written Symmetry and Class Action Litigation, 60 U.C.L.A.L. Rev.(2013). Here's the abstract: In ordinary litigation, parties often have different resources to devote to their lawsuit. This is a problem because the adversarial system is predicated on two (or more) parties, equal and opposite one another, making their best arguments […]
by Paul Bland, Senior Attorney, Public Justice, Of Counsel, Chavez & Gertler On Twitter @PblandBland In Kennedy v. Wells Fargo, Judge King of the Southern District of Florida enforced another arbitration clause that tosses out consumer claims in the multi district litigation involving checking overdraft claims. The plaintiffs had several arguments that the particular arbitration clause at […]
I'm presenting at a few CLE programs over the next few days and I thought readers of the blog might be interested. The first can be accessed via phone; the other two will be at the American Association of Justice's Annual Convention in San Francisco: A one-hour phone briefing on American Express v. Italian Colors: Practical Implications […]
Here. The story is about how car makers are using arbitration clauses to defeat consumer protections, including state lemon laws, and keep defects secret.