Class Action & Mass Torts

December 16, 2019

Securities fraud claim required particulars of antitrust conspiracy it alleged non-disclosure of. Confusion over one brother’s junior use of family-name trademark didn’t require broad injunction in favor of other brother’s senior use. Subcontractor’s claim for payment against contractor in bankruptcy didn’t estop it from making claim for payment against principal. Class notice should have included social media. Patentee tacitly disavowed garage door opener that lacked infrared detector in wall console. …

Class Actions Insider

Ninth Circuit Reverses Class Action Settlement Based on Notice Concerns and Insufficient Scrutiny

By Wystan Ackerman

December 13, 2019

Class action settlements are complicated. They often take months to negotiate. The last thing the lawyers or their clients on either side want to happen is for the trial court to deny approval or, even worse, for an appellate court to overturn a decision approving the settlement when an objector appeals. That happened earlier this week in the Ninth Circuit. Its decision provides some guidance on how counsel can help the trial court through the…

Employment Class and Collective Action Update

Class Action Trends Report – Fall 2019

By Stephanie L. Adler-Paindiris, David R. Golder & Eric R. Magnus

December 12, 2019

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Proliferation of independent contractor claims Wage and hour The persistant and seismic impact of #MeToo Disparate impact The onslaught of privacy class actions Click here to download the full report.…

Workplace Class Action Blog

End of the Road: Eighth Circuit Upholds $3.3 Million Fee Award Against The EEOC For Frivolous Claims

By Seyfarth Shaw LLP

December 12, 2019

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By Gerald L. Maatman, Jr., Alex S. Oxyer, Andrew D. Welker Seyfarth Synopsis: After over a decade of litigation between the EEOC and trucking company CRST Van Expedited, the Eighth Circuit recently affirmed a federal district court’s order requiring the EEOC to pay $3.3 million in attorneys’ fees to CRST for pursuing claims that it knew or should have known were frivolous and failing to satisfy its pre-suit obligations under Title VII. As such,…

Consumer products law blog

FDA clarifies position on CBD, cracks down on 15 online stores

By Mark Faccenda (US), Will Troutman (US) & *Katie Fragoso (US)

December 11, 2019

The U.S. Food and Drug Administration issued a revised consumer alert on Cannabidiol (CBD), warning that the agency is aware that some companies are marketing CBD products in ways that violate the federal Food, Drug and Cosmetic Act (FD&C Act), and that may put the health and safety of consumers at risk. The FDA also sent a new round of warning letters to 15 companies in an effort to crack down on illegal selling practices.…

Workplace Class Action Blog

The 2019-2020 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

By Seyfarth Shaw LLP

December 10, 2019

By Gerald L. Maatman, Jr., Andrew D. Welker, and Alex S. Oxyer Seyfarth Synopsis: Every year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in the fair and unbiased administration of justice. The ATRA’s 2019-2020 Report was recently published; find a copy here and the executive summary here. The Judicial Hellholes Report is an important…

Mass Torts Law Blog

What is the Deal With Zantac Cancer Lawsuits and Settlements?

By Martin P. Schrama & Stefanie Colella-Walsh

December 9, 2019

What is Zantac (ranitidine)? You have seen a lot of commercials and have probably been searching the internet for some straightforward explanations about Zantac Cancer Lawsuits and Settlements. Very simply, Zantac is the brand name of a common heartburn medication called ranitidine. Zantac (ranitidine) is a type of drug known as an H2 blocker, or H2 antagonist, which decreases stomach acid by blocking histamine receptors in the stomach. It can be used to treat…

Class Actions Insider

Sixth Circuit Reminds District Courts and Defendants That Notice Must Be Given Before Binding Class Members

By Wystan Ackerman

December 9, 2019

A recent decision by the U.S. Court of Appeals for the Sixth Circuit provides an important reminder that if defendants want absent class members to be bound by a summary judgment ruling in their favor, generally they must insist that notice be given to the class before that ruling is made. In Faber v. Ciox Health, LLC, No. 18-5896, 2019 WL 6596501 (6th Cir. Dec. 5, 2019), the plaintiffs sued a medical-records provider, alleging that…

The Contingency

Commercial Case Roundup

By Barry Barnett

December 9, 2019

Because my practice focuses on complex commercial disputes–especially cases involving antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas. You can follow along during the week on Twitter (@contingencyblog) or here at The Contingency each Monday with this Commercial Case Roundup.…

Declassified

“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III Standing

By J. Thomas Richie, John E. Goodman & Zachary A. Madonia

December 6, 2019

The Eleventh Circuit last month issued a significant class action opinion in Cordoba v. DirectTV, LLC, vacating a class certified in a TCPA class action and remanding the case. The issue underlying the court’s decision was whether large parts of the class as certified had standing. Because the plaintiff did not establish that common issues regarding class members’ standing predominated over individualized issues, class certification could not stand. Plaintiff Cordoba alleged that defendants DirectTV…

Class Action & Mass Torts

Commercial Case Roundup

Ninth Circuit Reverses Class Action Settlement Based on Notice Concerns and Insufficient Scrutiny

Class Action Trends Report – Fall 2019

End of the Road: Eighth Circuit Upholds $3.3 Million Fee Award Against The EEOC For Frivolous Claims

FDA clarifies position on CBD, cracks down on 15 online stores

The 2019-2020 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

What is the Deal With Zantac Cancer Lawsuits and Settlements?

Sixth Circuit Reminds District Courts and Defendants That Notice Must Be Given Before Binding Class Members

Commercial Case Roundup

“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III Standing

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