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Searching Content indexed under Class Actions by Kevin Ranlett ordered by Published Date Descending.
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1
Northern District Of California Adopts Guidance For Class Action Settlements
On November 1, 2018, the U.S. District Court for the Northern District of California published updated procedural guidance for class action settlements (the "Guidance").
United States
8 Jan 2019
2
December 2018 Amendments To Rule 23 Are Now In Effect
On December 1, 2018, the amendments to the Federal Rule of Civil Procedure 23 took effect.
United States
21 Dec 2018
3
DC Circuit Issues Long-Awaited TCPA Decision And Invalidates FCC's 2015 Autodialer And Reassigned-Number Rules
Last Friday, a panel of the D.C. Circuit issued its decision in ACA International v. FCC (pdf). The decision, which arrived nearly 17 months after the oral argument, struck down key elements of the FCC's...
United States
19 Mar 2018
4
DC Circuit invalidates FCC's opt-out requirement for solicited faxes
Good news for businesses that use fax machines to communicate with customers: A panel of the D.C. Circuit has just struck down the FCC's 2014 order mandating that even faxes requested by the recipient that contain advertising material include a special opt-out notice.
United States
3 Apr 2017
5
Ninth Circuit Questions Validity Under California Law Of Contract Terms Enclosed With Products
A panel of the US Court of Appeals for the Ninth Circuit has held that, under California law, the inclusion of an arbitration provision in the warranty brochure enclosed with a product does not create a binding arbitration agreement between the purchaser and the manufacturer when the existence of contract terms is not adequately disclosed to the purchaser.
United States
30 Jan 2017
6
Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration
A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit has held that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to decide.
United States
5 Apr 2016
7
Tenth Circuit holds that environmental contamination case doesn't require remand under Class Action Fairness Act's "local controversy" exception
Although the Class Action Fairness Act of 2005 (CAFA) permits most significant class actions to be heard in federal court, the law requires district courts to remand so-called "local controversies" to state court.
United States
15 Mar 2016
8
Second Circuit Holds That Class Action Seeking "Meaningless" Relief Shouldn't Be Certified
We've often argued that when the principal rationale for approving a low-value class settlement is that the claims are weak, that is a signal that the case should not have been filed as a class action in the first place.
United States
14 Mar 2016
9
Second Circuit Holds That Class Action Seeking "Meaningless" Relief Shouldn't Be certified
We've often argued that when the principal rationale for approving a low-value class settlement is that the claims are weak, that is a signal that the case should not have been filed as a class action in the first place.
United States
9 Mar 2016
10
Eighth Circuit Decertifies Environmental Nuisance Class Action Alleging "Fear of Contamination" Without More
The Eighth Circuit recently issued a decision reversing class certification for lack of commonality.
United States
20 Oct 2015
11
Ten Things Class Action Practitioners Need To Know About Potential Amendments To Federal Rule Of Civil Procedure 23
Rule 23 may be in for some major changes. The Advisory Committee has commissioned a Rule 23 subcommittee to investigate possible revisions to the class action rules
United States
25 Sep 2015
12
FCC Expands Potential Liability Under The Telephone Consumer Protection Act For Business-to-Customer Calls And Text Messages
"This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public."
United States
29 Jul 2015
13
US Federal Communications Commission's Recent Order Expands Potential Liability Under The Telephone Consumer Protection Act For Business-To-Customer Calls And Text Messages
"This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public."
United States
24 Jul 2015
14
New Oregon Class-action Law Purports to Seize Unclaimed Damages for Legal Aid and Judge-picked Charities
The first bill signed by Oregon Governor Kate Brown—H.B. 2700 (pdf)—changes the rules for handling payment of damages awards in class actions in Oregon state courts.
United States
19 Mar 2015
15
Eleventh Circuit Adopts Broad View Of Businesses’ Potential Liability Under TCPA For Faxes Sent By Third Parties
One of the hottest areas in class actions is litigation under the Telephone Consumer Protection Act (TCPA). And one of the most significant issues in TCPA litigation is the existence and scope of vicarious liability.
United States
13 Nov 2014
16
Class Action Fairness Act Roundup
Nine years after the Class Action Fairness Act of 2005 ("CAFA") was enacted, parties continue to fight over when federal jurisdiction over significant class and mass actions is proper.
United States
23 Jul 2014
17
More Thoughts On Ascertainability And Why It Matters In Deciding Whether To Certify A Class Action
Can you have a class action if you can’t figure out who’s in the proposed class? According to many in the plaintiffs’ bar, the answer is "yes."
United States
29 May 2014
18
Are You Objecting To Personal Jurisdiction In Magnet Jurisdictions Yet?
Until recently, many large companies have resigned themselves to the assertion of personal jurisdiction by courts in any state in which they do business—so long as the plaintiff has named the right corporate entity as defendant.
United States
29 Apr 2014
19
Plaintiffs Can’t Evade Removal Under Class Action Fairness Act By Suing For Only Declaratory Relief
Over the years, the plaintiffs’ bar has used a wide variety of stratagems to try to prevent defendants from removing class actions to federal court. We’ve previously blogged about several of them.
United States
28 Mar 2014
20
Use the "Consumer" in Consumer Class Actions to Defeat Certification
Plaintiffs routinely bring consumer class actions under statutes that allow only consumers—not businesses—to bring claims, or that are limited to transactions solely for personal or household purposes.
United States
25 Mar 2014
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