Searching Content indexed under Litigation, Mediation & Arbitration by John Nadolenco ordered by Published Date Descending.
Links to Result pages
1 2  
Supreme Court Holds in Spokeo that Plaintiffs Must Show "Real" Harm to Have Standing to Sue for Statutory Damages
The Supreme Court today issued its decision in Spokeo, Inc. v. Robins (pdf), a closely-watched case presenting the question whether Article III's "injury-in-fact" requirement for standing to sue in federal court may be satisfied by alleging a statutory violation without any accompanying real world injury.
United States
16 May 2016
Plaintiffs Who Settle Individual Claims Can’t Appeal Class Claims in the Ninth Circuit Unless They Retain a "Financial Interest" in the Case
The Ninth Circuit recently clarified the circumstances in which a plaintiff who settles his or her individual claims can appeal the denial of class certification of related claims.
United States
18 Feb 2015
California Approves Consumer Law Protecting Right To Leave Negative Online Reviews
User-driven websites, where users are able to leave feedback about products or businesses, have increasingly become the backdrop for disputes over the non-disparagement clauses used to shield businesses from critical online reviews.
United States
20 Oct 2014
What’s Going On With Class Actions Alleging That Businesses That Record Customer-Service Calls Are Violating California’s Invasion of Privacy Act?
Since 2006, companies based outside California have been alert to the potential burdens of class actions under California's Invasion of Privacy Act ("CIPA"), Cal. Penal Code § 630 et seq. The laws of most states, as well as federal law, allow telephone calls to be recorded with the consent of one party to the call.
United States
6 Feb 2014
App Store Privacy Class Action Survives Apple’s Motion to Dismiss In Light Of Online Representations
The plaintiffs’ bar continues to march forward in bringing privacy-related class actions. As we’ve written before, companies have often been able to defeat such lawsuits at the pleading stage when plaintiffs cannot allege that they suffered a harm that was concrete or cognizable.
United States
4 Sep 2013
Failure To Allege Harm Narrows Data-Breach Suit
When a company’s computer systems are raided by hackers, all too often it must brace itself for being victimized a second time by the class action bar.
United States
12 Aug 2013
Do Plaintiffs Have Standing To Sue Over Alleged Reduction In The Value Of Their Personal Data?
A key question in many privacy class actions is whether the plaintiff has suffered an injury sufficient to confer Article III standing.
United States
4 May 2013
Privacy And Mobile Apps: The California AG Speaks Out
In recent months, we have seen growing interest in potential privacy issues in the context of mobile applications.
United States
29 Jan 2013
Fifth Circuit Holds That Employer’s Access To Data Stored On Employee’s Personal Cell Phone Not Shielded By Stored Communications Act
The intersection of individual employee privacy and the proliferation of the use of hand-held devices and smart phones for business purposes, including the increasing popularity of bring-your-own-device (BYOD) policies, continues to generate thorny questions for employers.
United States
28 Jan 2013
California Attorney General Provides Privacy Recommendations For Mobile Industry
Last week, California Attorney General (AG) Kamala D. Harris released new privacy recommendations for the mobile industry.
United States
24 Jan 2013
Brinker’s Impact On Certification Of Meal-Break Class Actions In California
Class actions alleging that employers’ meal-break policies violate California law have long been a favorite of the plaintiffs’ bar.
United States
28 Dec 2012
California Court Of Appeal Rejects NLRB’s View That Federal Labor Law Prevents Use Of Class Waivers In Employment Arbitration Provisions
Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.
United States
25 Jul 2012
California Employers "Provide" Meal Periods by Making Them Available but Need Not Ensure that Employees Take Them
On April 12, 2012, the California Supreme Court issued its long-awaited decision on the scope of an employer’s obligation under California law to "provide" employees with meal and rest periods.
United States
23 Apr 2012
California Supreme Court Holds That Diminished Subjective Value Satisfies Proposition 64 Standing Limitations For Unfair Competition and False Advertising Actions
The California Supreme Court has held that consumers who allege that their subjective motivation for purchasing a product or service was affected by a deceptive label or advertising — whether or not the alleged misrepresentation affected the market value of the product — have standing to sue under California’s Unfair Competition Law (UCL), Cal. Bus. & Prof. Code § 17200 et seq., and the closely related False Advertising Law (FAL), id. § 17500 et seq.
United States
3 Feb 2011
US Supreme Court Justice Issues Stay in Case Involving Federal Due Process Constraints on State-Court Class Actions
Justice Scalia, acting in his capacity as Circuit Justice for the Fifth Circuit, recently issued a stay of a state-court judgment in a class action to allow the defendants to file a petition for certiorari.
United States
4 Oct 2010
California Employees Entitled to Compensation for Certain Commute Time And Pre- and Postliminary Job Activities
The US Court of Appeals for the Ninth Circuit has issued a decision interpreting when California employers must compensate employees who are required to commute to work in company-owned vehicles.
United States
12 Mar 2010
US Supreme Court to Review Employer Access to Employee Text Messages
On December 14, 2009, the United States Supreme Court agreed to review a decision of the United States Court of Appeals for the Ninth Circuit holding that, by reviewing text messages transmitted and received on a pager issued to a police officer, a California city had violated the constitutional privacy rights of the officer and of three individuals who had sent him text messages.
United States
17 Dec 2009
California Supreme Court Issues Guidance On Workplace Video Surveillance
On August 3, 2009, the California Supreme Court issued a decision regarding the limited circumstances under which private California employers may lawfully engage in video surveillance of their employees.
United States
12 Aug 2009
California Supreme Court Clarifies Requirements for Representative Actions Against Employers
On June 29, 2009, the California Supreme Court issued two decisions clarifying the requirements for bringing representative actions under two state laws, the Unfair Competition Law (UCL) and the Labor Code Private Attorneys General Act of 2004 (PAGA).
United States
16 Jul 2009
Employers May Settle California Wage and Hour Claims Directly With Putative Class Members
In a decision that will make it easier for employers to reach an early settlement of putative wage and hour class actions based on California law, on June 10, 2009, the California Supreme Court refused to review an appellate court decision allowing an employer to directly settle California state wage and hour claims with current and former employees even though the same claims were pending in a putative class action.
United States
2 Jul 2009
Links to Result pages
1 2