Co-authored by: Erica L. Cook
As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers
Class Action Lawsuit Defense
Class Action Defense News, Developments and Commentary
The Class Action Lawsuit Defense blog, published by Baker & Hostetler LLP, focuses on legal developments and strategic considerations in defending against class action lawsuits. It covers trends and updates in insurance-related class actions, multidistrict litigation procedures, and evolving judicial attitudes toward incentive awards for class representatives. The blog also addresses emerging issues such as PFAS litigation and regulatory challenges impacting class certification and defense strategies. It provides analysis of appellate decisions, procedural rule proposals, and the implications of class action settlements, offering insights relevant to corporate defendants and legal practitioners involved in complex class action defense.
Latest from Class Action Lawsuit Defense - Page 9
Seventh Circuit Bucks the Trend, Holding That Class and Collective Action Waivers in Employee Arbitration Agreements Violate the NLRA
By Bonnie Keane
In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (slip op.), the Seventh Circuit held that class and collective action waivers in arbitration agreements are not enforceable because they violate the National Labor Relations Act (NLRA),…
Post-Tyson Foods, Defendants Should Take the Offensive in Discovery Sampling
Following the Supreme Court’s ruling in Tyson Foods and in light of the greater emphasis on proportionality in the amended Federal Rules of Civil Procedure, defendants can expect to see an increase in the use of sampling in class action…
Concrete and Particularized Part II: What Spokeo May Mean for Class Actions
This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on privacy…
Supreme Court Holds That Plaintiffs Must Allege Concrete and Particularized Injury To Have Standing To Assert FCRA Claim
Today, the U.S. Supreme Court decided Robins v. Spokeo, Inc., which addressed the question of whether a plaintiff has satisfied Article III’s injury-in-fact standing requirement by alleging a statutory violation but no concrete injury. Our sister blog, the Data Privacy…
CFPB Announces Proposed Ban to Mandatory Class Action Waivers in Arbitration Agreements
Our Financial Services Blog recently posted about the Consumer Financial Protection Bureau’s (CFPB) Notice of Proposed Rulemaking on a proposed rule to prohibit covered institutions from including, in most core consumer contracts, “pre-dispute arbitration agreements” that contain class waivers.
Read…
Paul Karlsgodt to Chair ABA Western Regional CLE Program on Class Actions and Mass Torts
On May 27, Partner Paul Karlsgodt, leader of BakerHostetler’s Class Action Defense team, will chair the third annual ABA Western Regional CLE Program on Class Actions and Mass Torts in San Francisco. The program will explore topics such as the…
Eighth Circuit Becomes First Appellate Court to Apply Halliburton II Price Impact Analysis
The Eighth Circuit has become the first federal circuit court to apply the Supreme Court’s Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (Halliburton II) decision. Relying on Halliburton II, the Eighth Circuit reversed the…
When a Published Data Breach is a Covered Data Breach
By Dustin Dow
Can an inadvertent Internet posting of a patient’s medical information trigger insurance coverage for liability stemming from a data-breach class action? The Fourth Circuit held last week that it can, and it added to the growing body of case law…
Sixth Circuit Decision Clarifies Timing of Removal Under the Class Action Fairness Act
Partner Greg Mersol of BakerHostetler’s Employment Class Action Blog published a blog post regarding a recent Sixth Circuit decision that clarified the timing of removal under the Class Action Fairness Act. As stated in the post, the bottom line is…