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Searching Content indexed under Class Actions by Donald Falk ordered by Published Date Descending.
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1
Ninth Circuit Rejects Nationwide Class Settlement
Another Ninth Circuit panel has roiled the class certification waters, this time rejecting a class action settlement because the district court did not conduct a meaningful analysis of predominance.
United States
9 Feb 2018
2
California Supreme Court Holds That Federal Organic Food Labeling Regime Does Not Preempt Claims of "Intentional" Mislabeling
What's the difference between claiming that a food product is improperly certified as organic and claiming that the producer was properly certified but the product isn't really organic?
United States
11 Dec 2015
3
Man Bites Dog: California Supreme Court unanimously rejects unconscionability challenge to consumer arbitration provision
The California Supreme Court has a reputation for hostility to arbitration, especially in the consumers and employment context.
United States
20 Aug 2015
4
Ninth Circuit Holds That State AGs And Prosecutors Can’t Seek Restitution On Behalf Of A Class That Already Settled Its Private Claims, But Can Seek Injunctive Relief And Penalties
A decade ago, California's unfair competition law (UCL) and its closely related false advertising law (FAL) were the ideal plaintiff's tools.
United States
25 Nov 2014
5
Yes, you really did settle all your claims when you said you did: Ninth Circuit dismisses appeal of class certification denial by plaintiff who accepted Rule 68 offer
A plaintiff hopes to represent a class to pursue two sets of wage-and-hour claims but runs into headwinds in the district court.
United States
18 Nov 2014
6
Despite Wal-Mart Stores V. Dukes, Ninth Circuit Approves Statistical Sampling To Prove That An "Unofficial" Common Policy Exists
There seem to be two prevailing conceptions of class actions. In one view, a class action is a way of determining many similar claims at once.
United States
16 Sep 2014
7
Fourth Circuit Puts Teeth Into Ascertainability, Commonality, And Predominance Requirements For Class Certification
Can a court certify a class of persons with allegedly similar injuries by pigeonholing the question of class membership as a question of damages to be determined later?
United States
15 Sep 2014
8
California Court Says No Need To Resolve Disputes Over Substantive Law In Evaluating Whether Class Can Be Certified
Suppose that you’re a trial court considering a motion for class certification. And suppose that the parties present you with two competing statutory interpretations.
United States
19 Jun 2014
9
California Supreme Court Rejects Exceptionally Poor Sampling Method, But Leaves Open Many Questions About Sampling And Class Certification
In Duran v. U.S. Bank N.A. (pdf), the California Supreme Court recently addressed an important question in the context of state-court class actions ..
United States
9 Jun 2014
10
Another California Court Does Backflips to Thwart Arbitration and Elevate The Class-Action Device
The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals.
United States
16 Apr 2014
11
Supreme Court To Decide Whether All Evidence Supporting Removal Under The Class Action Fairness Act Must Be Submitted With The Notice Of Removal
To remove a civil action from state court to federal court, the defendant must "file ... a notice of removal ... containing a short and plain statement of the grounds for removal." 28 U.S.C. § 1446(a).
United States
8 Apr 2014
12
Hall Street Runs Both Ways: Parties Can Neither Waive Nor Expand Judicial Review of Arbitration Awards, Says Ninth Circuit
Back in 2008, the Supreme Court held in Hall Street Associates, L.L.C. v. Mattel, L.L.C. that parties to an arbitration agreement subject to the Federal Arbitration Act (FAA) cannot agree to empower a federal court with more searching judicial review than section 10 of that Act specifies.
United States
23 Dec 2013
13
Third Circuit Rejects South Carolinan’s Effort To Bring Nationwide False Advertising Class Under New Jersey Law
The Ninth Circuit’s decision last year in Mazza v. American Honda Motor Co. [666 F.3d 581] (a case I argued) made it more difficult to sustain a nationwide class action under California consumer protection laws.
United States
25 May 2013
14
New Jersey Federal Court OKs Nationwide Class Under NJ Consumer Law
A New Jersey district judge has certified a nationwide class to pursue claims under the New Jersey Consumer Fraud Act.
United States
31 Dec 2012
15
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
16
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
17
Ninth Circuit Holds That Defendants May Satisfy Amount-In-Controversy Requirement of Class Action Fairness Act by Identifying the Total Amount of Customer Charges Potentially in Dispute
The US Court of Appeals for the Ninth Circuit recently held that a defendant may remove a class action to federal court under the Class Action Fairness Act (CAFA) if it can show that the putative class’s recovery potentially could exceed CAFA’s $5 million jurisdictional threshold.
United States
2 Dec 2010
18
US Court of Appeals for the Eleventh Circuit Abandons Prior Interpretation of Class Action Fairness Act That Would Have Deprived Federal Courts Of Jurisdiction Over Most Consumer Class Actions
In "Cappuccitti v. DirecTV, Inc." (decided in July 2010), a panel of the US Court of Appeals for the Eleventh Circuit held that the Class Action Fairness Act of 2005 (CAFA) does not provide jurisdiction over a class action unless the amount in controversy for one plaintiff’s (or class member’s) claim is at least $75,000.
United States
25 Oct 2010
19
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
20
Eighth Circuit Holds that Class Actions Under California Unfair Competition Law Must Meet Federal Standing Requirements for Absent Class Members
The US Court of Appeals for the Eighth Circuit has held that a federal court cannot certify a class action seeking monetary relief under California’s Unfair Competition Law (UCL) unless the class meets federal standing requirements.
United States
18 Aug 2010
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