Class Action & Mass Torts

Branch v. GEICO: The Convergence of Class Certification and Article III Standing On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No. 3:16-cv-1010, 2018 WL 358504 (E.D. Va. Jan. 10, 2018). View Full Post
School Scores Summary Judgment Win In ADEA Collective Action   By Gerald L. Maatman, Jr. and Alex W. Karasik Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement System (SURS), a federal district court in Illinois granted the college’s motion for summary judgment, holding that the decision to discontinue the employment of all SURS annuitants regardless of age did not amount to discrimination. View Full Post
“Smart luggage” is truly smart. Companies have created sleek, stylish bags that also contain practical, convenient accessories. Although smart luggage solves all sorts of problems, it has grabbed the attention of airlines and authorities due to the use of lithium batteries. View Full Post
New York Court of Appeals Decision Requires Needless Notice of Individual Settlements in Putative Class Actions Class actions have dual natures. They start out as only individual cases, but they can become massive, collective cases where the rights of absent parties are adjudicated all at once. In most respects, class certification provides the clearest dividing line between when a case is a just a case and when it is a full-blown class action. View Full Post
Watson v. City of Allen, Tex., 821 F.3d 634 (5th Cir. 2016). In Watson, the Fifth Circuit held that a plaintiff timely filed his motion to remand under the “local controversy” and “home state” exceptions to the Class Action Fairness Act, 28 USC 1332(d)(4)(A), (B). View Full Post
Who Decides the Availability of Class Arbitration? Second Circuit’s Analysis Is a Bit Murky in Wells Fargo Advisors Cases For years, courts have struggled with who decides the availability of class arbitration and the applicable standards. We most recently addressed the thorny issues in a March 23, 2016, blog post. Unfortunately, a recent Second Circuit opinion in two consolidated appeals does little to establish clear standards or instill confidence in allowing arbitrators to decide the issue. View Full Post
RESPA and UDAAP Enforcement Following The PHH Decision:  What To Expect As anyone who is associated with the residential real estate settlement services industry can appreciate, resolution of the PHH case by the full bench of the D.C. Circuit Court of Appeals[1] has brought much-needed clarity and reason to fundamental issues under the Real Estate Settlement Procedures Act (RESPA). View Full Post
The U.S. Consumer Product Safety Commission’s (CPSC) first lawsuit of 2018 is against the maker of popular lines of jogging strollers, Britax Child Safety, Inc. The complaint, to be heard in administrative proceedings, concern’s Britax’s B.O.B. jogging strollers. The company and its 2011 merger partner, B.O.B. View Full Post