Class Action Defense Blog

Class Action Defense Cases–Brinker v. Superior Court: California Supreme Court Affirms, Reverses And Remand Class Action Certification Ruling In Labor Law Class Action Clarifying Meal And Rest Break Requirements

Class Action Defense Cases–KPMG v. Cocchi: Supreme Court Reiterates Requirement That State Courts Follow Concepcion And Enforce Arbitration Agreements Under The Federal Arbitration Act (FAA)

Richard Watts: "Fables of Fortune: What Rich People Have That You Don't Want"

Class Action Defense Cases–Ellis v. Costco Wholesale Corp.: Ninth Circuit Vacates And Remands Class Action Certification In Gender Discrimination Labor Law Case

California Supreme Court One Step Closer to Decision in Long-Awaited Meal and Rest Period Case: Decision Expected By Mid-February

Class Action Defense Cases–Kaltwasser v. AT&T Mobility: Federal Court Grants Motion To Compel Arbitration Under Federal Arbitration Act (FAA) Following Concepcion

Class Action Defense Cases–In re Community Bank: Third Circuit Court Again Reverses Approval Of Class Action Settlement Holding Wrong Legal Standard Applied To Determine Adequacy Of Representation

Class Action Defense Cases–Wal-Mart v. Dukes: Supreme Court Reverses Class Action Certification Of Largest Labor Law Class Action In History Holding Sex Discrimination Claims Lacked Commonality

New Labor Law Class Action Filings Maintain Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Third Week Of "Normal" Class Action Filings Finds Drop In Labor Law Class Actions Though They Again Claim Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Labor Law Class Action Filings Dominate New Class Actions Filed In California State And Federal Courts During Past Week

Dramatic Drop In New Class Action Filings As Labor Law Class Actions Again Claim Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Sony PlayStation Data Theft Class Action Bandwagon In Full Swing But Labor Law Class Actions Regain Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Dramatic Drop In New Labor Law Class Action Filings Opens Door For UCL Claims To Seize Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Discovery Class Action Defense Cases–Starbucks v. Superior Court: California Appellate Court Reverses Discovery Order Compelling Starbucks To Identify And Disclose Names Of Possible Class Representatives

Class Action Defense Cases–Mora v. Big Lots Stores: California Appellate Court Affirms Denial Of Class Action Treatment In Labor Law Misclassification Class Action Brought By Store Managers

Class Action Defense Cases–Madison v. Chalmette Refining: Fifth Circuit Court Reverses Class Action Certification Order For Failure Of District Court To Meaningfully Consider Trial Administration Issues

Class Action Defense Cases–Marlo v. United Parcel Service: Ninth Circuit Court Affirms District Court Order Decertifying Class Action In Labor Law Misclassification Case

New Labor Law Class Action Filings Drop Below 50% Mark But Retain Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Federal Arbitration Act (FAA) Class Action Defense Cases–AT&T Mobility v. Concepcion: U.S. Supreme Court Reverses California’s Discover Bank Rule And Holds Class Action Waivers Valid And Enforceable In Arbitration Agreements

New Labor Law Class Action Filings Finally Hit 50% Mark, Easily Topping List Of New Class Actions Filed In California State And Federal Courts

Labor Law Class Action Filings Fall To Only 30% Of New Class Actions But Retain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

New Labor Law Class Action Filings Inch Closer To 50% Mark And Retain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Labor Law Class Actions Remain Below 50% But Retain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Dramatic Drop In Song-Beverly Class Actions Allows Labor Law Class Action Filings To Reclaim Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases–Pineda v. Williams-Sonoma: California Supreme Court Holds ZIP Codes Constitute “Personal Identifiable Information” Within Meaning Of California’s Song-Beverly Act

Creating A Class Action System–What A Country Should Consider

New Song-Beverly Class Action Filings Slashed In Half Yet Retain Top Spot Among Weekly Class Actions Filed in California State And Federal Courts

Lull Before The Storm: Song-Beverly Class Action Filings Soar And Retain Top Spot Among Weekly Class Actions Filed in California State And Federal Courts

Slight Decrease In Song-Beverly Class Action Filings But Still Top Labor Law Class Actions Among Weekly Class Action Filings In California State And Federal Courts

California Supreme Court Ruling Prompts Surge In Song-Beverly Class Action Filings Dropping Labor Law Class Action Into A Distant Second Place Among Weekly Class Action Filings In California State And Federal Courts

Labor Law Class Action Filings Remain Below 50% But Maintain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

New Labor Law Class Action Filings Hold Top Spot Among Weekly Class Action Filings In California State And Federal Courts But Remain Below 50% Of Class Actions Filed During Past Week

Employment-Related Class Action Filings Inch Closer To 50% Mark And Retain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Labor Law Class Action Filings Stay Below 50% But Maintain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

New Labor Law Class Action Filings Fall Below 50% Of New Class Action Lawsuits But Hold Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Labor Law Class Action Lawsuits Begin New Year At Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Labor Law Class Action Filings Fall Below 50% Mark But Employment-Related Lawsuits Hold On To Top Spot Among Weekly Class Action Filings In California State And Federal Courts

New Labor Law Class Action Filings Again Rise Above 50% As Employment-Related Lawsuits Maintain Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Labor Law Class Action Filings Retain Top Spot Among Weekly Class Action Filings In California State And Federal Courts Despite Remaining Below 50% Of Total Number Of New Class Actions Filed

HAPPY THANKSGIVING FROM THE CLASS ACTION DEFENSE BLOG

New Labor Law Class Action Filings Fall Below 50% But Category Continues To Top Weekly List Of New Class Actions Filed In California State And Federal Courts

New Labor Law Class Actions Top List Of Class Action Filings In Slow Week Of New Class Actions Filed In California State And Federal Courts

Dramatic Drop In Labor Law Class Action Filings Gives Unfair Competition Law (UCL) Class Actions Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

New Labor Law Class Action Filings Rise Above 50% As Employment-Related Class Actions Extend Hold On Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Number Of New Labor Law Class Action Filings Remain Below 50% But Employment-Related Class Actions Continue Hold On Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Percentage Of Labor Law Class Action Filings Drop Below 50% But Employment-Related Class Actions Retain Top Spot Among Class Actions Filed In California State And Federal Courts

Weekly Labor Law Class Action Filings Rise Above 50% As Employment-Related Class Actions Retain Top Spot Among Class Actions Filed In California State And Federal Courts

New Labor Law Class Action Lawsuits Remain Below 50% But Employment-Related Class Actions Retain Top Spot Among Class Actions Filed In California State And Federal Courts

After Week Of Unusually High Class Action Filings, New Filings Drop But Labor Law Class Action Continue To Top List Of Types Of New Class Actions Filed In California State And Federal Courts

Surge In Labor Law Class Action In California State And Federal Courts During Past Week As Employment-Related Class Actions Dominate New Class Action Filings

Labor Law Class Action Filings Remain Below 50% Of New Class Action Filed In California State And Federal Courts During Past Week But Again Claim Top Spot Among New Class Actions

Employment-Related Class Action Filings Fall Below 50% Of New Class Action Filed In California State And Federal Courts During Past Week But Still Hold Top Spot

Labor Law Class Actions Retain Top Spot Among New Class Action Lawsuits Filed In California State And Federal Courts

Surge In ADA Class Action Filings Insufficient To Dislodge Labor Law Class Actions From Top Spot Among New Class Action Lawsuits Filed In California State And Federal Courts

New Labor Law Class Action Lawsuits Again Claim Top Spot Among Categories Of Class Action Lawsuits Filed In California State And Federal Courts

Cy Pres Class Action Defense Cases–In re American Tower: Massachusetts Federal Court Rejects Request To Distribute Class Action Settlement Cy Pres Funds To Non-Profit Organization

CAFA Class Action Defense Cases–In re Burlington Northern: Seventh Circuit Reverses Remand Of Former Class Action Holding Jurisdiction Under Class Action Fairness Act (CAFA) Determined At Time Of Removal Not After Amendment Of Complaint To Eliminate

Employment-Related Class Action Filings Again Above 50%, Holding Top Spot Among New Class Action Lawsuits Filed In California State And Federal Courts

New Labor Law Class Action Filings Rise Above 50% And Maintain Top Spot Among Categories Of Class Action Lawsuits Filed In California State And Federal Courts

Labor Law Class Action Complaints Continue Below 50% Level But Again Hold Top Spot Among Categories Of Class Action Lawsuits Filed In California State And Federal Courts

Cy Pres Class Action Defense Cases–In re American Tower: Massachusetts Federal Court Rejects Request To Distribute Class Action Settlement Cy Pres Funds To Non-Profit Organization

New Labor Law Class Action Complaints Fall Below 40% Level Among Categories Of Class Action Lawsuits Filed In California State And Federal Courts But Still Holds Top Spot Among New Class Action Filings

Class Action Defense Cases–In re General Mills: Judicial Panel On Multidistrict Litigation (MDL) Denies Defense Motion To Centralize Class Action Litigation

Class Action Defense Cases–American Honda v. Allen: Seventh Circuit Court Reverses Class Action Certification Order Holding District Court’s Daubert Analysis Inadequate And Expert Testimony Inadmissible

CAFA Class Action Defense Cases–Moffitt v. Residential Funding: Fourth Circuit Court Affirms District Court Order Denying Remand Of Class Actions Holding CAFA Jurisdiction Existed At Time Remand Motions Filed

Class Action Defense Cases–Hershey v. Energy Transfer Partners: Fifth Circuit Court Affirms Dismissal Of Class Action Complaint Under Commodities Exchange Act Holding Plaintiffs Failed To Adequately Allege Specific Intent

iPhone Class Action Defense Cases–Apple and AT&T Mobility Antitrust Litigation: California Federal Court Certifies Nationwide Class Action Against Apple And AT&T On iPhone Antitrust Claims

New Labor Law Class Action Complaints Again Top 50% Level Among Categories Of Class Action Lawsuits Filed In California State And Federal Courts

HELOC Class Action Defense Cases–In re JP Morgan Chase: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs Motion To Centralize Class Action Litigation In Northern District Of Illinois

Bankruptcy Class Action Defense Cases–In re Wilborn: Fifth Circuit Court Reverses Class Action Certification Order By Bankruptcy Court Because Requirements Of Rule 23(b) Not Met

Arbitration Class Action Defense Cases–Puleo v. Chase Bank: Third Circuit Court Affirms District Court Order Compelling Arbitration Of Individual Claims Based On Class Action Waiver In Arbitration Clause

Class Action Defense Cases–Morrison v. National Australia Bank: Supreme Court Affirms Dismissal Of Securities Class Action Holding No Cause Of Action Exists For Foreign Plaintiffs Suing For Misconduct Involving Securities Traded On Foreign Exchanges

HAPPY JULY 4th FROM THE CLASS ACTION DEFENSE BLOG

Labor Law Class Action Filings Fall Below 50% Level But Continues As Top Category Of New Class Action Lawsuits Filed In California State And Federal Courts

CAFA Class Action Defense Cases–Anderson v. Bayer: Seventh Circuit Court Holds Class Action Fairness Act (CAFA) Provision For "Mass Actions" Did Not Allow Federal Courts To Treat Separate Lawsuits As One Lawsuit To Meet 100 Plaintiff Threshold

FLSA Class Action Defense Cases–Luiken v. Domino's Pizza: Minnesota Federal Court Grants Conditional Class Action Treatment To Nationwide Labor Law Class Action Alleging Failure To Pay Minimum Wage To Delivery Drivers

CAFA Class Action Defense Cases–Lincoln National Life v. Bezich: Seventh Circuit Court Dismisses Appeal For Lack Of Jurisdiction Holding Variable Life Insurance Policy Was A "Security" Within Meaning Of Exception To CAFA Jurisdiction

Class Action Defense Cases–Donovan v. Philip Morris: Massachusetts Federal Court Certifies Class Action Seeking Medical Monitoring For Lung Cancer Of 20-Year Marlboro Smokers

New Labor Law Class Action Filings Return To Post-50% Levels And Retain Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Credit Card Interest Rate Class Action Defense Cases–In re Capital One: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation But Selects Northern District Of Georgia As Transferee Court

FACTA Class Action Defense Cases–Ehrheart v. Verizon Wireless: Third Circuit Court Reinstates Preliminary Approval Of Class Action Settlement Holding Passage Of Clarification Act Did Not Allow Defendant To Withdraw From Settlement Agreement

New Class Action Lawsuits Asserting Employment-Related Claims Remain Below Normal, But Labor Law Class Action Filings Continue To Hold Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Labor Law Class Action Filings Continue Hold Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

New Labor Law Class Action Filings Remain Below Normal But Retain Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Labor Law Class Action Filings Below Normal But Hold Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Toyota Acceleration Class Action Defense Cases–In re Toyota: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Central District Of California

Class Action Arbitration Defense Cases–Stolt-Nielsen v. AnimalFeeds: Supreme Court Holds Federal Arbitration Act (FAA) Requires Agreement To Arbitrate Claims Brought As Class Action

From Extremes To Balance...New Class Action Lawsuits Bunched Into Three Groups But Labor Law Class Actions Barely Hold Top Spot Of New Class Action Filings During Past Week In California State And Federal Courts

Pendulum Swings On Variety Of Class Action Filings During Past Week With Only Labor Law Class Action Filings Meeting Reporting Threshold For New Class Action Lawsuits Filed In California State And Federal Courts

Wal-Mart Class Action Defense Cases–Dukes v. Wal-Mart: Ninth Circuit Court Affirms Class Action Certification Of Largest Labor Law Class Action In U.S. History

Countrywide Class Action Defense Cases–Greenwich Financial v. Countrywide: Second Circuit Court Dismisses Appeal From Order Remanding Class Action To State Court Holding CAFA Exception Precluded Appellate Review

Wide Range Of Class Action Filed During Past Week But Labor Law Class Action Filings Maintain Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Jeffer Mangels Butler & Marmaro Launches "OC Litigation News" Newsletter

Class Action Defense Cases–Murray v. Fidelity National Financial: Fifth Circuit Court Affirms Dismissal Of Class Action Complaint Holding Plaintiffs’ Claims Mooted By Tender During Pendency Of Rule 15(a)(2) Motion

Class Action Defense Cases–In re Schering-Plough: New Jersey Federal Court Approves Class Action Settlement Where Only Monetary Benefit Was Payment Of Attorney Fees And Costs

Aetna Class Action Defense Cases–Allison v. Aetna: Pennsylvania Federal Court Dismisses Class Action Holding Plaintiff Failed To Establish Standing Because Alleged Injury Too Speculative

Wells Fargo Class Action Defense Cases–Martinez v. Wells Fargo: Ninth Circuit Court Affirms Dismissal Of Class Action Holding RESPA and UCL Claims Preempted By National Bank Act

Labor Law Class Action Filings Again Below Normal But Labor Law Class Actions Retain Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

New Employment-Related Class Action Filings Remain Below Normal But Labor Law Class Actions Maintain Grip On Top Spot Of New Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–Shady Grove v. Allstate: Divided Supreme Court Reverses Dismissal Of Class Action Holding New York Law Barring Class Actions Seeking Penalties Falls To Rule 23

Pendulum Swings As Labor Law Class Action Filings Again Drop Significantly But Still Top List Of New Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–Jones v. DirecTV: Georgia Federal Court Denies Motion To Compel Arbitration Holding Class Action Waiver In Arbitration Clause Rendered It Unconscionable

Surge In Class Action Filings As Labor Law Class Actions Regain Top Spot Among New Class Action Lawsuits Filed In California State And Federal Courts

Second Weekly Drop In New Labor Law Class Action Filings Allow UCL Class Actions To Claim Top Spot Among New Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–Gintis v. Bouchard Transportation: First Circuit Reverses Denial Of Class Action Treatment Holding Defense Arguments Suggest Common Issues May Predominate

Sprint Class Action Defense Cases–Hesse v. Sprint: Ninth Circuit Court Reverses Summary Judgment Dismissing Class Action Holding That Prior Nationwide Class Action Settlement Did Not Bar Present Class Action Complaint

Labor Law Class Action Filings Drop Significantly But Still Top List Of New Class Action Lawsuits Filed In California State And Federal Courts

Employment-Related Class Action Complaints Again Top Categories Of Class Action Lawsuits Filed In California State And Federal Courts During Past Week

UCL Class Action Defense Cases–Kaing v. Pulte Homes: California Federal Court Dismisses UCL/CLRA Class Action Holding Plaintiff Lacked Standing For Failing To Adequately Allege Damages

Class Action Defense Cases–Archdiocese v. Halliburton: Fifth Circuit Affirms Denial Of Class Action Certification In Securities Fraud Class Action Complaint Against Halliburton

Class Action Defense Cases–Yokoyama v. Midland National Life: Ninth Circuit Reverses Denial Of Class Action Certification Holding Individualized Reliance Not Required Under Hawaii Deceptive Practices Act

Labor Law Class Action Filings Go Through The Roof -- Employment-Related Class Action Claims Maintain Hold On Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

NCAA Class Action Defense Cases–O’Bannon v. NCAA: California Federal Court Denies Motion To Dismiss Antitrust Class Action Holding Student Athlete Claims Adequately Pleaded Sherman Act Claim

FLSA Class Action Defense Cases–Robinson-Smith v. GEICO: D.C. Circuit Court Holds GEICO Properly Classified Auto Damage Adjusters As Exempt From Overtime Pay Under FLSA

Class Action Defense Arbitration Cases–Omstead v. Dell: Ninth Circuit Court Reinstates Class Action Complaint And Reverses District Court Order Compelling Arbitration Of Class Action Claims On Individual Basis

Class Action Defense Cases–Sanchez v. Aerovias De Mexico: Ninth Circuit Court Affirms Dismissal Of Class Action Complaint Holding Class Action Claims Preempted By Airline Deregulation Act

Surge In Bandwagon Product Defect Class Actions Against Toyota Insufficient To Unseat Employment-Related Class Actions From Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–In re Kentucky Grilled Chicken: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Northern District Of Illinois

TILA Class Action Defense Cases–Lymburner v. U.S. Financial: California Federal Court Grants Class Action Treatment To TILA/UCL Class Action Complaint Holding Requirements Of Rule 23 Satisfied

CAFA Class Action Defense Cases–Cunningham Charter v. Learjet: Seventh Circuit Court Holds Class Action Removed To Federal Court Under CAFA Remains In Federal Court Following Denial Of Class Action Certification

HELOC Class Action Defense Cases–Yakas v. Chase: California Federal Court Denies Defense Motion To Dismiss Class Action Holding Class Action Complaint Adequately Alleged Breach Of Contract And Unjust Enrichment

SLUSA Class Action Defense Cases–Demings v. Nationwide Life Insurance: Sixth Circuit Affirms Dismissal Of Class Action Complaint Holding That State-Actions Exception Did Not Apply

New Labor Law Class Actions Again Hold Top Spot For Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–Dickson v. American Airlines: Texas Federal Court Dismisses Class Action Against Airline Finding Limitations Period Expired On Claims Under Montreal Convention

PSLRA Class Action Defense Cases–Carr v. Gateway: Eleventh Circuit Affirms Dismissal Of Securities Fraud Class Action For Failure To Adequately Allege Scienter Under PSLRA’s Heightened Pleading Requirements

Class Action Defense Cases–Pendergast v. Sprint: Eleventh Circuit Certifies To Florida Supreme Court Questions Concerning Validity And Enforceability Of Class Action Waiver In Cellular Service Provider’s Mandatory Arbitration Clause

Vioxx Class Action Defense Cases–In re Vioxx: California Appellate Court Affirms Denial Of Class Action Treatment In Putative UCL/CLRA Class Action Involving Vioxx Because Individual Issues Predominate

Vivendi Loses Securities Class Action: Jury Finds 57 Material Misrepresentations From October 2000 To June 2002

Percentage Of New Unfair Competition Law/False Advertising Claims Rise But Labor Law Class Action Lawsuits Maintain Grip On To Top Spot For Class Action Lawsuits In California State And Federal Courts

Class Action Defense Cases–In re Apple iPhone: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects Eastern District Of Louisiana As Transferee Court

Class Action Defense Cases–Murray v. Fidelity: Fifth Circuit Affirms Dismissal Of Class Action Complaint Holding Defense Tender Mooted New Plaintiffs’ Individual Claims

Class Action Defense Cases–Thomas v. Blue Cross: Eleventh Circuit Reverses Denial Of OSC For Contempt Against Absent Class Member Seeking To Prosecute Individual Claims Released As Part Of Class Action Settlement

Class Action Defense Cases–Starr v. Sony BMG: Second Circuit Reverses Dismissal Of Antitrust Class Action Holding Class Action Complaint’s Allegations Satisfied Twombly

Microsoft WGA Class Action Defense Cases–Johnson v. Microsoft: Washington Federal Court Dismisses All Class Action Allegations In Class Action Complaint And Requires Plaintiffs Pay Defense Fees Incurred Opposing Withdrawn Class Certification Motion

New Labor Law Class Action Lawsuits Hold On To Top Spot In Slow Week For Class Action Lawsuits In California State And Federal Courts

UCL Class Action Defense Cases–Webster v. Allstate: California Appellate Court Affirms Dismissal Of UCL Class Action Complaint Holding Plaintiff Lacked Standing And Conduct Not Violative Of UCL

Labor Law Class Action Lawsuits Surge Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–Arias v. DynCorp: District of Columbia Federal Court Dismisses With Prejudice Mass Action Plaintiffs Who Failed To Complete Defense Discovery Questionnaires

Carfax Class Action Defense Cases–West v. Carfax: Ohio Appellate Court Reverses Trial Court Approval Of Class Action Settlement Holding Notice To Class Members Was Inadequate

RESPA Class Action Defense Cases–Mims v. Stewart Title: Fifth Circuit Reverses Class Action Certification Of RESPA Claim Holding Individual Issues Predominate

Slow Start To New Class Action Filings In 2010 But Labor Law Class Action Lawsuits Begin Year At Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Bayer Class Action Defense Cases–In re Baycol: Eighth Circuit Affirms Injunction Against State Court Deciding Class Action Certification Motion Because Federal Court Rejected Class Action Treatment Of Identical Claims By Different Plaintiffs

New Gift Card Legislation: Credit Card Accountability Responsibility and Disclosure Act of 2009 (“Credit Card Act”) Impact On Gift Card Programs

Apple iPod Class Action Defense Cases–Birdsong v. Apple: Ninth Circuit Affirms Dismissal Of UCL Class Action Holding Risky Consumer Behavior Caused Any Damage Rather Than Apple’s iPod Design

Labor Law Class Action Lawsuits End 2009 With Firm Hold On Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–Truk v. Wehlmann: Texas Federal Court Dismisses Securities Fraud Class Action Based On Cautionary Language In Public Offering Documents

PSLRA Class Action Defense Cases–In re Heartland Payment Systems: New Jersey Federal Court Dismisses Securities Fraud Class Action Holding Class Action Complaint Failed To Satisfy PSLRA

Percentage Of New Employment-Related Class Action Lawsuits Soar In Relation To Other Categories Of Class Actions Filed In California State And Federal Courts During Past Week

Class Action Defense Cases–In re DirecTV: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motion To Centralize Class Action Litigation But Selects Central District Of California As Transferee Court

Class Action Defense Cases–People United For Children, Inc. v. The City of New York: Second Circuit Affirms Approval Of Class Action Settlement But Remands For Clarification Of Scope Of Class Action Release

Class Action Defense Cases–Mohawk Industries v. Carpenter: Supreme Court Holds Collateral Order Doctrine For Appellate Jurisdiction Does Not Extend To Disclosure Orders Adverse To Attorney-Client Privilege

Labor Law Class Action Lawsuits Maintain Grip On Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–In re Sony: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Eastern District Of New York

Class Action Defense Cases–Carr v. Gateway: Illinois Appellate Court Affirms Denial Of Motion To Compel Arbitration Of Consumer Class Action Claims Because Required Forum Unavailable To Arbitrate Dispute

Class Action Defense Cases–Keller v. Tuesday Morning: California Appellate Court Affirms Decertification Of Labor Law Class Action Because Evidence Supported Finding That Individualized Inquiries Would Predominate

Class Action Defense Cases–Amburgy v. Express Scripts: Missouri Federal Court Dismisses Theft Of Personal Information Class Action Complaint For Lack Of Standing Because Plaintiff’s Information And Identity Not Stolen

Class Action Defense Cases–Ackerson v. Bean Dredging: Fifth Circuit Affirms Dismissal Of Class Action Against Dredging Contractors For Damage Caused By Hurricane Katrina Holding Government-Contractor Immunity Applied

New Class Action Lawsuits Alleging Employment-Related Claims Retain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–In re Cheerios: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motion To Centralize Class Action Litigation But Selects District Of New Jersey As Transferee Court

FACTA Class Action Defense Cases–Pezl v. Amore Mio: Illinois Federal Court Denies Class Action Certification/Grants Defense Summary Judgment In FACTA Class Action Because FCRA Does Not Cover Corporations

AT&T Class Action Defense Cases–Laster v. AT&T Mobility: Ninth Circuit Affirms District Court Order Denying Motion To Compel Arbitration Of Class Action Claims On Individual Basis Holding Class Action Waiver Unconscionable

Class Action Defense Cases–Menagerie Productions v. Citysearch: California Federal Court Grants Class Action Certification Of Nationwide Class Action Challenging Charges For Pay-Per-Click Advertising

Class Action Defense Cases–Barbaroza v. West Coast Digital: California Appellate Court Affirms Trial Court Order Requiring Class Counsel in Certified Class Counsel To Represent Class Through Collection Of Judgment

CLASS ACTION DEFENSE BLOG OFF FOR THANKSGIVING

Class Action Defense Cases–Tasaranta v. Homecomings Financial: California Federal Court Dismisses Class Action Complaint Holding Allegations Insufficient To Support TILA, RESPA, HOEPA Or FDCPA Claims

Class Action Defense Cases--Evans v. Lasco Bathware: California Appellate Court Affirms Denial Of Class Action Treatment Of Products Liability/Negligence Class Action Because Individual Issues Predominate And Plaintiffs Inadequate Class Representatives

Surge In Securities Class Action Lawsuits But Labor Law Class Actions Hold Top Spot Among Categories Of New Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–Anthony v. AIG: Eleventh Circuit Certifies Questions To Georgia Supreme Court Following Dismissal Of Class Action Complaint Challenging Excessive Notary Fees Charged In Connection With Refinance

Class Action Defense Cases–Schachter v. Citigroup: California Supreme Court Affirms Defense Judgment In Labor Law Class Action Holding Forfeiture Of Restricted Stock Shares Upon Termination Did Not Violate California Labor Code

Class Action Defense Cases–Williams v. Geithner: Minnesota Federal Court Denies Preliminary Injunction In Class Action Based On Home Affordable Modification Program (HAMP) Holding It Unlikely Class Action Claims Will Prevail

Labor Law Class Actions Continue To Dominate Categories Of New Class Action Lawsuits Filed In California State And Federal Courts

FSLA Class Action Defense Cases—In re Enterprise: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation But Selects Western District Of Pennsylvania As Transferee Court

PSLRA Class Action Defense Cases–Zerger v. Midway Games: Illinois Federal Court Dismisses Securities Fraud Class Action Holding Class Action Complaint's Allegations Failed To Meet PSLRA's Pleading Requirements

SLUSA Class Action Defense Cases–Segal v. Fifth Third Bank: Sixth Circuit Affirms Dismissal Of Class Action Complaint Holding Class Action Claims Fell Within Scope Of SLUSA

PSLRA Class Action Defense Cases–Indiana State District Counsel v. Omnicare: Sixth Circuit Affirms Dismissal Of Securities Fraud Class Action Noting Bad Corporate News Does Not Automatically Mean Securities Fraud

Class Action Defense Cases– Pineda v. Williams-Sonoma: California Appellate Court Affirms Dismissal Of Song-Beverly Class Action Holding Zip Codes Not “Personal Identification Information” Under The Act

Class Action Lawsuits Alleging Labor Law Claims Maintain Grip On Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–Trombley v. Bank of America: Rhode Island Federal Court Grants Plaintiffs Additional Time To Conduct Discovery Concerning Unconscionability Of Class Action Waiver In Arbitration Clause

Class Action Defense Cases–Premium Mortgage v. Equifax: Second Circuit Affirms Dismissal Of Class Action Against Credit Reporting Agencies Holding State-Law Claims Preempted By Fair Credit Reporting Act (FCRA)

Class Action Defense Cases–Cohen v. DIRECTV: California Appellate Court Affirms Denial Of Class Action Certification In UCL/CLRA Class Action Holding Class Membership Lacked Commonality

Countrywide RESPA Class Action Defense Cases–Alston v. Countrywide: Third Circuit Reverses Dismissal Of RESPA Class Action Alleging Payment Of Kickbacks Holding Plaintiffs Had Standing To Prosecute Class Action

Labor Law Class Actions Continue Hold on Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

FCRA Class Action Defense Cases–Gelman v. State Farm: Third Circuit Affirms Dismissal Of Class Action Complaint Holding Mailer Constituted “Firm Offer” Within Meaning Of Fair Credit Reporting Act (FCRA)

Arbitration Class Action Defense Cases–Cicle v. Chase: Eighth Circuit Reverses Denial Of Bank Motion To Compel Arbitration Of Plaintiff's Class Action Claims On Individual Basis Holding Class Action Waiver Enforceable

New Labor Law Class Actions Hold Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Checking Account Overdraft: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Plaintiff To Centralize Class Action Litigation In Southern District Of Florida

Class Action Defense Cases–Baghdasarian v. Amazon: California Federal Court Grants Class Action Treatment To UCL/CLRA Class Action Against Amazon.Com Concerning Shipping And Handling Fees

Class Action Defense Cases–Comer v. Murphy Oil: Fifth Circuit Reinstates Class Action Alleging Global Warming Exacerbated Damage Caused By Hurricane Katrina

Class Action Defense Cases–Somers v. Apple: California Federal Court Denies Class Action Certification Of Rule 23(b)(3) Class In Indirect Purchaser Antitrust Class Action But Reserves Ruling On Class Action Treatment Under Rule 23(b)(2)

Class Action Defense Cases–Castaneda v. Burger King: California Federal Court Severely Limits Scope Of Class In ADA Class Action Holding Commonality/Typicality Not Met For Stores Not Frequented By Named Plaintiffs

New Class Action Lawsuits Alleging Employment-Related Claims Maintain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Merrill Lynch: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of New York

Class Action Defense Cases–Cirzoveto v. AIG: Tennessee Federal Court Grants Defense Motion For Summary Judgment Against Claims Asserted In Class Action Alleging Breach Of Contract

Class Action Defense Cases–Sher v. Raytheon: Florida Federal Court Grants Class Action Status To Class Action Complaint Alleging Toxic Tort Liability For Ground Contamination

ADA Class Action Defense Cases–Ault v. Walt Disney World: Florida Federal Court Dismisses ADA Class Action For Lack Of Standing Holding Class Action Did Not Seek "Access" But "Human Dignity" Through New Technology

HAPPY COLUMBUS DAY FROM THE CLASS ACTION DEFENSE BLOG

Labor Law Class Actions Continue Dominance Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Oppenheimer: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Northern District Of Georgia

CAFA Class Action Defense Cases–Irish v. Burlington: Wisconsin Federal Court Reaffirms Order Remanding Class Action To State Court Holding Post-Removal Amendments Destroyed CAFA Removal Jurisdiction

UCL Class Action Defense Cases–Marilao v. McDonald’s: California Federal Court Dismisses Class Action Alleging McDonald’s Legally Required To Redeem Gift Cards For Cash But Grants Leave To Amend Class Action Complaint

Class Action Defense Cases–Movsesian v. Victoria Versicherung: Ninth Circuit Reverses Denial Of Motion To Dismiss Class Action Holding California Statute Regarding Armenian Genocide Unconstitutional

FLSA Class Action Defense Cases–Rutti v. Lojack: Ninth Circuit Affirms Defense Summary Judgment In FLSA Class Action Except As To One Claim Seeking Compensation For Postliminary Activities

Class Actions Alleging Employment-Related Claims Take Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re RBS Worldpay: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Northern District Of Georgia

Class Action Defense Cases–21^st Century v. Superior Court: California Supreme Court Affirms Appellate Court Order Compelling Dismissal Of Class Action Against Auto Insurer Involving Med-Pay Issues

RESPA Class Action Defense Cases–Yeatman v. D.R. Horton: Eleventh Circuit Affirms Dismissal Of Class Action Holding Mere Offering Of Closing Cost Discount For Use Of Affiliated Lender Does Not Violate RESPA Or HUD Regulations

Class Action Defense Cases–In re Sanofi-Aventis: New York Federal Court Dismisses Securities Fraud Class Action Holding Class Action Complaint Failed To Adequately Plead Fraud Or Scienter

AT&T Class Action Defense Cases–Morgan v. AT&T: California Appellate Court Reinstates Class Action Against AT&T Holding Class Action Complaint Sufficiently Alleged UCL, CLRA and Fraud To Survive Demurrer

New Class Actions Alleging Employment-Related Claims Hold On To Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts But UCL Claims Run Close Second

Class Action Defense Cases—In re Blood Reagents: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motions To Centralize Class Action Litigation And Transfers Class Actions To Eastern District Of Pennsylvania

Class Action Defense Cases–County of Nassau v. Hotels.Com: Second Circuit Remands Class Action For Consideration In First Instance Of Propriety Of Class Action Treatment Is Appropriate

Class Action Defense Cases–Rynearson v. Motricity: Washington Federal Court Again Remands Class Action To State Court Holding CAFA Jurisdiction Not Met And “Other Paper” Does Not Include Pleadings In Unrelated Action

FDCPA Class Action Defense Cases–Hicks v. Client Services: Florida Federal Court Denies Motion To Decertify Class Action Holding De Minimis Recovery Does Not Defeat Rule 23(b)'s Superiority Requirement

Target Class Action Defense Cases–Muro v. Target: Seventh Circuit Affirms Denial Of Class Action Treatment Of TILA Class Action Holding Plaintiff Lack Standing To Appeal Denial Of Class Certification As She Settled Individual Claim

Labor Law Class Actions Continue To Hold Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Madoff-Related Class Action Defense Cases—In re Optimal Strategic: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of Florida

Class Action Defense Cases–Brown v. JEVIC: Third Circuit Reverses Order Remanding Class Action To State Court Holding Class Action Properly Removed Under Class Action Fairness Act Despite Fact Co-Defendant Was In Bankruptcy

Class Action Defense Cases–Blough v. Holland Realty: Ninth Circuit Affirms Summary Judgment Of Antitrust Class Action Claims Because There Was No Adverse Effect On Competition In The Tied Product Market

FedEx Class Action Defense Cases–Babineau v. Federal Express: Eleventh Circuit Affirms Denial Of Class Action Treatment Of Putative Labor Law Class Action Claims Holding Rule 23(b)(3)’s Predominance Requirement Not Met

FCRA Class Action Defense Cases–Beaudry v. Telecheck: Sixth Circuit Reverses Dismissal Of FCRA Class Action Holding Private Right Of Action Under FCRA Does Not Require Proof Of Actual Damages

New Labor Law Class Actions Maintain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Citigroup Securities Litigation: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of New York

CAFA Class Action Defense Cases–Manson v. GMAC Mortgage: Massachusetts Federal Court Denies Motion To Remand Class Action To State Court Holding Class Action Removable Under CAFA

Class Action Defense Cases–Walker v. Motricity: California Federal Court Remands Class Action To State Court Holding CAFA’s Amount In Controversy Requirement Not Met And Sanctions Defendant For Removal

Class Action Defense Cases–Garza v. Swift: Arizona Supreme Court Holds Court Of Appeals Lacked Jurisdiction To Hear Appeal From Trial Court Order Denying Class Action Certification Motion

HAPPY LABOR DAY FROM THE CLASS ACTION DEFENSE BLOG

Labor Law Class Action Lawsuits Regain Top Spot Among New Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Celexa & Lexapro: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Transfers Class Actions To Massachusetts

Class Action Defense Cases–Proctor v. Metropolitan Money Store: Maryland Federal Court Denies Defense Motion To Dismiss Class Action Claims But Grants Plaintiffs’ Motion To Dismiss Counterclaims And Certifies Class Action

Class Action Defense Cases–Holk v. Snapple: Third Circuit Reverses Dismissal Of Class Action Holding Class Action’s State Law Claims Regarding "All Natural" Label Not Preempted By Federal Nutrition Labeling And Education Act

Class Action Defense Cases–Vasilas v. Subaru: New York Federal Court Denies Motion To Dismiss Class Action For Violation Of Federal Odometer Act Holding Class Action Complaint Adequately Alleged Fraud

RESPA Class Action Defense Cases–Tubbs v. North American Title: New Jersey Federal Court Dismisses Class Action RESPA Claim And Dismisses Balance Of Class Action After Declining Jurisdiction Over Class Action’s State Law Claims

New Unfair Competition Law (UCL) Class Action Lawsuits Tie Labor Law Class Action Lawsuits In Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Park West Galleries: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects Western District Of Washington As Transferee Court

Class Action Defense Cases–Martinelli v. Petland: Arizona Federal Court Dismisses RICO Class Action Alleging Sale Of "Mill Bred" Puppies As "Finest Available" But Grants Leave To Amend Class Action Complaint

Class Action Defense Cases–DeBlasio v. Merrill Lynch: New York Federal Court Grants Motion To Dismiss Fraud Class Action Against Brokerages Finding Class Action Complaint’s Allegations Failed Under Rules 9(b) and 12(b)(6)

Class Action Defense Cases–Greenwich v. Countrywide: New York Federal Court Remands Class Action To State Court Holding Class Action Complaint Fell Within Exception To CAFA (Class Action Fairness Act) Removal

FLSA Class Action Defense Cases–Boucher v. Shaw: Ninth Circuit Affirms Dismissal Of Labor Law Class Action Claims Against Individual Managers But Reverses As To Class Action's FLSA Claims Against Individuals

Class Actions Alleging Employment-Related Claims Maintain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Orleans Homebuilders: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of Texas

Class Action Defense Cases–Clark v. American Residential: California Appellate Court Reverses Approval Of Class Action Settlement Holding Trial Court Lacked Sufficient Information And Amounts Approved Were Excessive

FedEx Class Action Defense Cases–In re FedEx Ground: Indiana Federal Court Grants Class Action Certification Motions As To Certain State Labor Law Class Action Claims And Denies Class Action Treatment As To Five State Lawsuits

Class Action Defense Cases–In re CP Ships: Eleventh Circuit Affirms Class Action Settlement Of Securities Fraud Class Action Holding Class Members Of Canadian Class Actions Could Opt Out

Class Action Defense Cases–Fener v. Belo: Fifth Circuit Court Affirms Denial Of Class Action Treatment In Securities Fraud Class Action Holding Plaintiffs Failed To Establish Loss Causation

Heavy Week For New Class Action Filings And Labor Law Class Actions Maintain Top Spot Among New Filings In California State And Federal Courts

Class Action Defense Cases—In re Citigroup: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of New York

Qualcomm Class Action Defense Cases–Lorenzo v. Qualcomm: California Federal Court Dismisses Antitrust Class Action Complaint Against Qualcomm For Lack Of Standing And Failure To Adequately Plead Damage

Antitrust Action Defense Cases–Ginsburg v. InBev: Missouri Federal Court Grants Motion For Judgment On The Pleadings Of Antitrust Class Action

Blue Cross Class Action Defense Cases–Yeager v. Blue Cross: California Court Affirms Judgment For Insurer In Class Action Challenging Infertility Treatment Coverage Holding Full Coverage Not Required By Statute

UPS Class Action Defense Cases–Hohider v. United Parcel Service Express: Third Circuit Reverses Class Action Certification Of ADA Class Action Holding District Court Abused Discretion In Granting Certification

Relative Percentage Of Labor Law Class Actions Filed In California State And Federal Courts Soars

Class Action Defense Cases—In re Comcast: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Eastern District Of Pennsylvania

Insurance Class Action Defense Cases–Spagnola v. Chubb: Second Circuit Generally Affirms Dismissal Of Class Action Claims For Violations Of New York's Insurance Law And Deceptive Business Practices Act But Reverses As To Breach Of Contract Claim

Class Action Defense Cases–Desai v. Deutsche Bank: Ninth Circuit Affirms Denial Of Class Action Treatment In Securities Fraud Class Action Case Holding Issue Of Reliance Defeated Predominance Prong Of Rule 23(b)(3)

Target Class Action Defense Cases–Loeffler v. Target: California State Court Affirms Dismissal Of Class Action Holding Plaintiffs Lacked Standing To Challenge Sales Taxes Collected By Target

FedEx Class Action Defense Cases–Babineau v. Federal Express: Eleventh Circuit Affirms Denial Of Class Action Certification Of Labor Law Class Action Holding District Court Acted Within Its Discretion

Class Actions Alleging Employment-Related Claims Hold Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re LandAmerica: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In District of South Carolina

BofA Class Action Defense Cases–In re Consumer Privacy: California Appellate Court Affirms Trial Court Approval Of Class Action Settlement And Award Of Attorney Fees Under Clear Sailing Agreement

Labor Law Class Action Defense Cases–Hernandez v. Vitamin Shoppe: California Court Affirms Order Barring Attorney In One Class Action From Contacting Class Members In Related Class Action After Class Conditionally Certified In That Action

Class Action Defense Cases–Martorana v. Marlin & Saltzman: California Court Affirms Dismissal Of Claims Against Defendant And Class Counsel Arising From Class Action Settlement By Class Member Who Submitted An Untimely Claim

Labor Law Class Action Defense Cases–Vinole v. Countrywide: Ninth Circuit Affirms Order Granting Defense Motion To Deny Class Action Treatment To Labor Law Class Action

Labor Law Class Actions Retain Grip On Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

BofA Class Action Defense Cases—In re Bank of America: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of New York

Class Action Defense Cases–Steinberg v. Nationwide: New York Federal Court Awards Attorney Fees Following Class Action Settlement Using Lodestar Method And Applying 1.5 Multiplier

FLSA Class Action Defense Cases–Haro v. City of Rosemead: California Court Dismisses Appeal From Denial Of Class Action Treatment Of FLSA Class Action Complaint And Reaffirms FLSA Actions Not Subject To Class Action Treatment

CAFA Class Action Defense Cases–Admiral Insurance v. Abshire: Fifth Circuit Affirms Remand Of Class Action Holding Amended Complaint Did Not Commence Civil Action Under Class Action Fairness Act (CAFA)

Wells Fargo Class Action Defense Cases–In re Wells Fargo: Ninth Circuit Reverses Certification Of Labor Law Class Action Holding District Court Erred In Relying On Employer's Uniform Exemption Policy To Exclusion Of Other Factors

Extremely Light Week For California Class Action Lawsuits But Labor Law Class Actions Regain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Cox Enterprises: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Transfers Class Actions To Western District Of Oklahoma

Labor Law Class Action Defense Cases–Johnson v. Arvin-Edison: California Court Affirms Dismissal Of Labor Law Class Action Against Water Storage District Holding Public Agency Exempt From State Labor Laws

Class Action Defense Cases–In re HealthSouth: Eleventh Circuit Affirms Class Action Settlement Of Securities Fraud Class Action Including Bar Order Impacting CEO’s Indemnity Agreement With Company

Class Action Defense Cases–In re Neurontin: Massachusetts Federal Court Denies Class Action Certification In Class Action Complaint Arising Out Of Manufacture And Sale Of Prescription Drug Neurontin

Class Action Defense Cases-Satterfield v. Simon & Schuster: Ninth Circuit Reverses Defense Summary Judgment In Class Action Holding Text Message Is A "Call" Under TCPA And Triable Issues Exist As To Class Action Plaintiff's Consent To Receive Text Message

Very Heavy Two-Week Period For California Class Action Lawsuits And Labor Law Class Actions Drop To Second Place Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Oral Sodium Phosphate: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Northern District Of Ohio

Ford Class Action Defense Cases–Kearns v. Ford Motor: Ninth Circuit Affirms Dismissal Of Class Action Under California UCL/CLRA Holding Class Action Complaint Failed To Satisfy Rule 9(b)’s Heightened Pleading Requirements

Class Action Defense Cases–Utility Consumers’ Action Network v. Sprint: California Federal Court Denies Nationwide Class Action Treatment To Class Action Complaint Alleging Violations Of California Laws

T-Mobile Class Action Defense Cases–Smith v. T-Mobile: Ninth Circuit Dismisses Appeal In Labor Law Class Action Holding Settlement Of Individual FLSA Claims Without Opt-In Plaintiffs Rendered Appeal Moot

Class Action Defense Cases–Arias v. Superior Court: California Supreme Court Holds Representative Actions Under UCL Must Comply With Class Action Requirements But Labor Law PAGA Representative Claims Need Not Meet Class Action Requirements

HAPPY JULY 4th FROM THE CLASS ACTION DEFENSE BLOG

Heavy Week For California Class Action Lawsuits But Labor Law Class Actions Maintain Dominance Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases–Walker v. Calumet City: Seventh Circuit Reverses Attorney Fee Award To Class Action Plaintiff Holding Dismissal Of Class Action As Moot Did Not Make Plaintiff Prevailing Party

Labor Law Class Action Defense Cases–D'Este v. Bayer: Ninth Circuit On Class Action Appeal Certifies Two Questions To California Supreme Court As Central Issues In Numerous Federal Court Class Action Appeals

CAFA Class Action Defense Cases–Thomas v. Bank of America: Eleventh Circuit Affirms Remand Of Class Action To State Court Holding Evidence Insufficient Of Amount In Controversy Under Class Action Fairness Act

Merck Class Action Defense Cases–In re Vioxx: California Trial Court Denies Class Action Certification Of Putative Class Action Complaint Against Merck Arising From Sale Of Vioxx

Relatively Low Number Of New Employment-Related Class Action Lawsuits Filed But Labor Law Class Actions Maintain Hold On Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Class Action Defense Cases—In re Staples: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In District Of New Jersey

T-Mobile Class Action Defense Cases–Vega v. T-Mobile: Eleventh Circuit Reverses Class Action Certification Order And Orders Lawsuit To Proceed On Individual Rather Than Class Action Basis

Class Action Defense Cases–Ojo v. Farmers: Ninth Circuit Reverses Dismissal Of FHA Class Action Holding Class Action Claims Not Reverse-Preempted And Class Action Did Not Challenge Credit Scoring Per Se

Class Action Defense Cases–Olvera v. El Pollo Loco: California Court Affirms Denial Of Motion To Compel Individual Arbitration Of Labor Law Class Action Holding Class Action Arbitration Waiver Unenforceable

Starbucks Class Action Defense Cases–Chau v. Starbucks: California Appellate Court Reverses $86 Million Class Action Judgment Against Starbucks Holding Labor Law Class Action Claims Failed

New Labor Law Class Action Lawsuits Maintain Top Spot Among Weekly Class Actions Filed In California State And Federal Courts

Class Action Defense Cases—In re Payless ShoeSource: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Eastern District Of California

CAFA Class Action Defense Cases–Marshall v. H & R Block: Seventh Circuit Reverses Remand Of Class Action To State Court Holding Potential Increase In Liability Rendered Class Action Removable Under CAFA

TILA Class Action Defense Cases–Barrer v. Chase: Ninth Circuit Reverses Dismissal Of TILA Class Action Holding “Buried” Disclosures Did Not As A Matter Of Law Comply With TILA

BofA Class Action Defense Cases–Miller v. Bank of America: California Supreme Court Upholds Reversal Of Class Action Judgment Holding Banks May Offset Overdraft/NSF Fees Against Public Benefit Deposits

Labor Law Class Actions Maintain Dominance Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Bayer Class Action Defense Cases—In re Bayer Aspirin: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motions To Centralize Class Action Litigation In Eastern District Of New York

CAFA Class Action Defense Cases–Rynearson v. Motricity: Washington Federal Court Remands Class Action Complaint To State Court Holding Defense Failed To Establish Amount In Controversy Under CAFA

Class Action Defense Cases–Williams v. Mohawk Industries: Eleventh Circuit Reverses Denial Of Class Action Treatment Of RICO Complaint And Remands For Further Consideration Of Class Action Certification

CAFA Class Action Defense Cases–Tanoh v. Dow Chemical: Ninth Circuit Holds State Lawsuits With Less Than 100 People Not Removable Under Class Action Fairness Act (CAFA) Because Total Number Of Plaintiffs Cannot Be Combined

Class Action Defense Cases–Simon-Whelan v. The Andy Warhol Foundation: New York Federal Court Denies Motion To Dismiss Class Action Alleging Antitrust Violations In Authentication Of Warhol Works Of Art

Employment-Related Class Action Lawsuits Continue To Lead List Of Weekly Class Actions Filed In California State And Federal Courts

Class Action Defense Cases—In re Satyam: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Southern District Of New York

Securities Fraud Class Action Defense Cases–In re Zumiez: Washington Federal Court Dismisses Securities Fraud Class Action Holding Allegations In Class Action Complaint Insufficient Under PSLRA

Class Action Defense Cases–In re DC Water & Sewer: District Of Columbia Circuit Denies Permission To Appeal Class Action Certification Order As "Blatantly Untimely" And Criticizes Defendant And Defense Counsel For Filing Petition

WaMu Class Action Defense Cases–In re Washington Mutual: Washington Federal Court Dismisses Majority Of Securities Fraud Class Action Claims Finding 400-Page 1000-Paragraph Class Action Complaint Lacked Specificity

Class Action Defense Cases–Baum v. AstraZeneca: Pennsylvania Federal Court Grants Defense Summary Judgment Motion In Labor Law Class Action Holding Plaintiff Properly Classified As Exempt From Overtime Pay

Surge In Class Action Complaints Filed In California State And Federal Courts Led By ADA Class Actions But Labor Law Actions Continue To Top List Of New Class Action Lawsuits Filed In Past Week

Class Action Defense Cases—In re Aetna: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In District Of New Jersey

FDCPA Class Action Defense Cases–Lemire v. Wolpoff & Abramson: Connecticut Federal Court Grants Class Action Treatment To FDCPA Class Action Against Law Firm

AT&T Class Action Defense Cases--AT&T v. Hulteen: Supreme Court Holds Employer Does Not Violate Pregnancy Discrimination Act By Paying Pension Benefits Calculated Under Pre-PDA Accrual Rule Giving Less Retirement Credit For Pregnancy Than Medical Leave

Prop 64 Class Action Defense Cases–In re Tobacco II: California Supreme Court “Turns Class Action Law Upside Down” And Holds UCL Class Actions May Be Certified Even If Class Members Lack Standing To File Suit In Own Name

Securities Fraud Class Action Defense Cases–Vladimir v. Bioenvision: New York Federal Court Grants Motion To Dismiss Securities Fraud Class Action Holding Class Action Complaint Failed To Meet Heightened Pleading Requirements Of PSLRA

TILA Class Action Defense Cases–Frazier v. Accredited Home Lenders: Alabama Federal Court Grants Lender’s Summary Judgment Motion In TILA Class Action

Labor Law Actions Continue To Top List Among Weekly Class Action Lawsuits Filed In California State And Federal Courts But With Comparatively Low Percentage Of New Class Action Filings

3M Class Action Defense Cases–Whitaker v. 3M: Minnesota State Court Grants Class Action Treatment To Labor Law Class Action Against 3M Alleging Age Discrimination

Wal-Mart/Netflix Class Action Defense Cases—In re Online DVD Rental: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Northern District Of California

FACTA Class Action Defense Cases–Leysoto v. Mama Mia: Florida Federal Court Denies Class Action Treatment Of FACTA Class Action Because Potential Liability Vastly Disproportionate To Actual Damages Suffered By Putative Class

Mercedes-Benz Class Action Defense Cases–In re Mercedes-Benz: New Jersey Federal Court Grants Class Action Treatment To Class Action Claims For Unjust Enrichment And Consumer Fraud Based On Analog-Based Tele Aid Sales

CAFA Class Action Defense Cases–In re Hannaford Bros.: First Circuit Affirms Remand Of Class Action Holding Home State Exception To CAFA (Class Action Fairness Act) Jurisdiction Applies

McDonald’s Class Action Defense Cases–In re McDonald’s French Fries: Illinois Federal Court Denies Class Action Treatment Of Consumer Fraud Class Action Complaint Because Individual Issues Predominate Over Common Issues

Unusually High Number Of New Class Actions Filed But Labor Law Class Actions Retain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Bayer: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motions To Centralize Class Action Litigation And Transfers Class Action To Eastern District Of New York

Bankruptcy Class Action Defense Cases–in re Bally Total Fitness: New York Bankruptcy Court Denies Motions By Class Action Plaintiffs To Permit Class Proof Of Claim, To Certify Class Actions Or To Lift Stay

FACTA Class Action Defense Cases–Harris v. Mexican Specialty: Eleventh Circuit Reverses Dismissal Of FACTA Class Actions Holding FCRA's Statutory-Damages Provision Not Unconstitutional

MetLife Class Action Defense Cases–Beavers v. Metropolitan Life: Fifth Circuit Affirms Dismissal Of Class Action Holding Class Action Complaint’s Claims Were Time-Barred

Quiznos Class Action Defense Cases–Harlow v. Sprint: Colorado Federal Denies Grants Class Action Treatment Of Class Action Complaint By Prospective Franchisees Against Quiznos Because Of Class Action Bar In Agreement

New Labor Law Class Action Filings Again Seize Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal

MDL Class Action Defense Cases—In re Staples: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In District Of New Jersey

Class Action Settlement Cases–In re Touch America: Ninth Circuit Dismisses Appeal Seeking Review Of District Court Order Rejecting Proposed Class Action Settlement Holding Circuit Court Lacked Jurisdiction Over Appeal

Ford Class Action Defense Cases–Cuesta v. Ford Motor: Oklahoma Supreme Court Reinstates Class Action Certification Order Holding Trial Court Did Not Abuse Discretion In Certifying Class Action

Starbucks Class Action Defense Cases–Reed v. Starbucks: Florida Federal Court Grants Conditional Class Action Treatment To Labor Law Class Action Against Starbucks Alleging Misclassification Of Store Managers And Failure To Pay Overtime

Class Action Defense Settlement Cases–Rodriguez v. West Publishing: Ninth Circuit Affirms Approval Of Class Action Settlement Of Antitrust Class Action But Remands For Further Consideration Of Incentive And Attorney Fee Awards

Slow Week For Class Action Filings But Labor Law Class Actions Maintain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Song-Beverly Class Action Defense Cases—In re Payless ShoeSource: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Eastern District Of California

FDCPA Class Action Defense Cases–Asset Acceptance v. Hanson: California State Court Affirms Dismissal Of FDCPA Class Action Claims Holding Debt Collector Not Obligated To Inform Debtors That Debts Were Time-Barred

Class Action Defense Cases–Budrow v. Dave & Buster's: California State Court Affirms Defense Judgment In Labor Law Class Action Holding California Law Does Not Prohibit Sharing Tip Pools With Employees That Do Not "Directly Serve" Tables

Countrywide Class Action Defense Cases–In re Countrywide: California Federal Court Grants In Part Motion To Dismiss Securities Fraud Class Action Claims And Holds SEC Rule 430B Not Retroactive

Class Action Defense Cases–Lorenzo v. Qualcomm: California Federal Court Dismisses Class Action Finding Plaintiff Lacked Standing To Prosecute Class Action’s Antitrust Claims But Gives Plaintiff Leave To Amend

Class Actions Involving Labor Law Claims GainTop Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Lawnmower Engine: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Transfers Class Actions To Eastern District Of Wisconsin

Class Action Defense Cases–Martis v. Grinnell Mutual: Illinois State Court Reverses Class Action Certification And Orders Class Action Complaint Dismissed Because Medical Provider Not Third Party Beneficiary Of Insurance Policy

Class Action Defense Cases–Beer v. XTO Energy: Oklahoma Federal Court Grants Class Action Treatment To Class Action Against Defendant Improperly Calculated Royalty Payments

Settlement of Class Actions–Chindarah v. Pick Up Stix: California State Court Affirms Dismissal Of Labor Law Class Action Holding Settlements Accepted By Individual Employees Covered By Putative Class Action Complaint Were Enforceable

FCRA Class Action Defense Cases–Harris v. Mexican Specialty Foods: Eleventh Circuit Reverses Dismissal Of FACTA Class Actions Holding FCRA’s Statutory Damage Provision Not Unconstitutional On Its Face

Labor Law And Unfair Competition Law (UCL) Class Actions Monopolize Categories Of New Class Action Lawsuits Filed In California State And Federal Courts During Past Week

Class Action Defense Cases—In re The Reserve Fund: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Eastern District of Pennsylvania

PSLRA Class Action Defense Cases–In re Authentidate Holding: New York Federal Court Grants Motion To Dismiss Securities Class Action Holding Class Action Allegations Failed To Satisfy PSLRA

PSLRA Class Action Defense Cases–Akerman v. Arotech: New York Federal Court Denies Motion To Dismiss Securities Fraud Class Action Finding Class Action Complaint Adequately Alleged Materiality, Scienter And Particularity

Cintas Class Action Defense Cases–Serrano v. Cintas: Michigan Federal Court Denies Class Action Treatment Of Labor Law Class Action Against Cintas Holding Commonality, Typicality And Adequacy Of Representation Elements Not Met

Class Action Defense Cases–Cole v. Asarco: Oklahoma Federal Court Denies Class Action Treatment Of Class Action Seeking Medical Monitoring And Finds Proposed Property Owner Class Did Not Define A Cognizable Class

Labor Law Class Actions Maintain Grip On Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Regions Morgan Keegan: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Western District of Tennessee

Arbitration Class Action Defense Cases–Vaden v. Discover Bank: Supreme Court Reverses District Court Order Under Federal Arbitration Act (FAA) Compelling Arbitration Of Class Action Counterclaims On Individual Basis

Class Action Defense Cases–Love v. Blue Cross: Florida Federal Court Grants Defense Motion To Dismiss RICO Class Action Holding Class Action Complaint Failed To Satisfy Rule 9(b)’s Pleading Requirements

PSLRA Class Action Defense Cases–In re Downey: California Federal Court Dismisses Securities Class Action Holding Class Action Complaint Failed To Adequately Plead Actionable Misrepresentations By Individual Defendants

TILA Class Action Defense Cases–McCoy v. Chase: Ninth Circuit Reverses Dismissal Of TILA Class Action Holding Lender Must Give Notice Of Interest Rate Increase Based On Late Payments To Other Creditor

Class Action Defense Cases–Sanchez v. Western Pizza: California State Court Affirms Trial Court Order Denying Defense Motion To Dismiss Class Action Complaint And Compel Arbitration Holding Class Action Waiver And Arbitration Agreement Unenforceable

Class Action Lawsuits Alleging Labor Law Violations Retain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Land Rover LR3: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Central District of California

FDCPA Class Action Defense Cases–Del Campo v. American Corrective Counseling: California Federal Court Certifies FDCPA Class Action Finding Attack On Practices Used To Collect On Bounced Checks Warranted Class Action Treatment

Amex Class Action Defense Cases–Hoffman v. American Express Travel: California Trial Court Holds Breach Of Contract Class Action Claims Fail Because American Express Not Required To Automatically Refund Travel Insurance Premiums

President Obama's Economic Stimulus Package--The American Recovery and Reinvestment Act of 2009: Summary of Selected Tax Provisions

RESPA Class Action Defense Cases–Hazewood v. Foundation Financial: Eighth Circuit Affirms Dismissal Of RESPA Class Action Holding Excess Title Premium Charged Not An Unearned Fee Under RESPA

Class Action Defense Cases–Franco v. Athens Disposal: California State Court Reverses Order In Labor Law Class Action Compelling Plaintiff To Arbitrate Individual Claims Holding Class Action Waiver Unconscionable

Labor Law Class Action Lawsuits Hold Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Lehman Brothers: Judicial Panel For Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of New York

Antitrust Class Action Defense Cases–In re Flat Glass: Pennsylvania Federal Court Denies Motion To Dismiss Antitrust Class Action Finding It Adequately Alleged The Existence Of An Agreement Or Conspiracy To Restrain Trade

TILA Class Action Defense Cases–Jordan v. Paul Financial: California Federal Court Denies Class Action Treatment To TILA Law Class Action Holding Plaintiff Lacks Standing And His Claims Lack Typicality

BofA UCL Class Action Defense Cases–Miller v. Bank of America: California State Court Affirms Dismissal Of Class Action Holding National Bank Act Preempts Application Of State Holiday Statutes To Credit Card Payments

SLUSA Class Action Defense Cases–Kurz v. Fidelity Management: Seventh Circuit Affirms Removal Of Class Action And Subsequent Defense Judgment In Class Action Holding Class Action Complaint Fell Within SLUSA

Employment-Related Class Action Lawsuits Retain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Fannie Mae: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District of New York

Class Action Defense Cases–Langendorf v. Conseco: Illinois Federal Court Grants Motion To Dismiss Class Action’s Consumer Fraud Claim Because It Was Premised On Breach Of Contract And Illinois Law Requires More

Class Action Defense Cases–Telco v. Ameritrade: Eighth Circuit Affirms Dismissal Of Class Action And Refuses To Address Appeal From Denial Of Class Action Certification For Lack Of Live Controversy

Class Action Defense Cases–Lu v. Hawaiian Gardens Casino: California State Court Affirms Summary Judgment For Defense In Labor Law Class Action Except For Class Action Claim Under UCL

Lead Toys Class Action Defense Cases–In re Mattel: California Federal Court Denies Motion To Dismiss Class Action Complaint Holding Class Action Allegations Were Adequate Save For Federal CPSA Claim

Labor Law Class Action Lawsuits Again Claim Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Chrysler: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In District Of New Jersey

CAFA Class Action Defense Cases–Katz v. Gerardi: Seventh Circuit Reverses Order Remanding Class Action To State Court Holding Class Action Fairness Act May Trump Securities Act Of 1933

Pfizer Class Action Defense Cases–Clark v. Pfizer: Pennsylvania State Trial Court Grants Summary Judgment As To Certain Class Action Claims And Decertifies Litigation As Class Action

Microsoft/Vista Class Action Defense Cases–Kelley v. Microsoft: Washington Federal Court Grants Microsoft Motion To Decertify Class Action Because Rule 23(b)(3)’s Predominance Requirement No Longer Met

Amex Class Action Defense Cases–Homa v. American Express: Third Circuit Reverses Dismissal Of Consumer Fraud Class Action Holding Class Action Arbitration Waiver Unenforceable Under New Jersey Law

New Employment-Related Class Action Lawsuits Retain Top Spot Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Bank of America Auction Rate Securities (ARS): Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Transfer Class Actions To California

CAFA Class Action Defense Cases–Dennison v. Carolina Payday Loans: Fourth Circuit Affirms Remand Of Class Action To State Court Holding Class Action Fairness Act (CAFA) Minimal Diversity Not Established

CAFA Class Action Defense Cases–McLoughlin v. People’s United: Connecticut Federal Court Denies Motion To Remand Class Action To State Court Holding Removal Jurisdiction Exists Under Class Action Fairness Act (CAFA)

Class Action Defense Cases–Moore-Thomas v. Alaska Airlines: Ninth Circuit Reverses Dismissal Of Class Action For Failure To Arbitrate Under RLA And Holds Class Action Improperly Removed To Federal Court

PSLRA Class Action Defense Cases–Public Employees’ Retirement Ass’n v. Deloitte & Touche: Fourth Circuit Affirms Dismissal Of Securities Class Action Without Leave To Amend For Failure To Adequately Plead Scienter

Labor Law Class Action Lawsuits Regain Dominance Among Weekly Class Action Lawsuits Filed In California State And Federal Courts In Week Of Heavy Class Action Activity

Class Action Defense Cases— In re Text Messaging Antitrust: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motions To Centralize Class Action Litigation But Chooses Northern District Of Illinois As Transferee Court

Class Action Defense Cases–Solon v. Midwest Medical: Illinois State Appellate Court Holds Statutory Authorization For Reasonable Expenses Up To $20 Did Not Support Charging $20 Flat Fee In Connection With Copy Services

FDCPA Class Action Defense Cases–Herkert v. MRC Receivables: Illinois Federal Court Amends Class Definitions And Certifies Class Action In FDCPA (Fair Debt Collection Practices Act) Class Action

FLSA Class Action Defense Cases–Gortat v. Capala Brothers: New York Federal Court Grants Plaintiffs’ Motion To Dismiss Crossclaims Against Named Plaintiffs In Labor Law Class Actions

Class Action Defense Cases–Hauk v. JP Morgan Chase: Ninth Circuit Affirms Summary Judgment On Class Action’s TILA Claim But Reverses As To Class Action’s UCL And False Advertising Claims

Class Action Defense Cases–Dukes v. Wal-Mart: Ninth Grants Rehearing En Banc Of District Court Order Certifying Nationwide Class Action Against Wal-Mart In Labor Law Class Action Alleging Sex Discrimination Covering 1.5 Million Class Members

Rare Balance Among New Class Action Filings But Employment-Related Class Action Lawsuits Maintain Top Spot Of Weekly Class Action Suits Filed In California State And Federal Courts

Class Action Defense Cases—In re Processed Eggs: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motions To Centralize Class Action Litigation And Transfers Class Actions To Eastern District Of Pennsylvania

CAFA Class Action Defense Cases--Ava Acupuncture v. State Farm: New York Federal Court Denies Motion To Remand Class Action To State Court Holding "Reasonably Probable" $5,000,000 Was At Stake And Plaintiffs Failed To Establish Local Controversy Exception

CAFA Class Action Defense Cases–Johnson v. Advance America: Fourth Circuit Affirms Remand Of Class Action Against Payday Lender To State Court Because Minimal Diversity Under Class Action Fairness Act (CAFA) Not Met

Labor Law Class Action Defense Cases–Crab Addison v. Superior Court: California Appellate Court Denies Writ Relief In Labor Law Class Action Holding Plaintiff Entitled To Contact Information Of Members Of Putative Class Action Despite Release Form

GM Class Action Defense Cases–J & R Marketing v. General Motors: Sixth Circuit Affirms Dismissal Of Securities Class Action Holding Class Action Plaintiff’s Claims Were Meritless

No Surprise...Labor Law Class Action Lawsuits Hold Top Spot Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re VistaPrint: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of Texas

MARK YOUR CALENDARS - CLASS ACTION DEFENSE CONFERENCE COMING TO NEW YORK

CAFA Class Action Defense Cases–United Steel Workers v. Shell Oil: Ninth Circuit Reverses District Court Order Remanding Class Action To State Court Holding Timely Removal Of Class Action Under CAFA By One Defendant Is Sufficient

Amex Class Action Defense Cases–In re American Express: Second Circuit Reverses District Court Order Enforcing Class Action Waiver And Compelling Individual Arbitration In Antitrust Class Action

Deloitte Class Action Defense Cases– In re Parmalat Securities: New York Federal Court Denies Defense Summary Judgment Motion In Securities Fraud Class Action

Sprint Class Action Defense Cases–Meyer v. Sprint: California Supreme Court Affirms Dismissal Of UCL Class Action Holding Plaintiffs Had Not Suffered Any Damage As A Result Of The Acts Underlying The Class Action Complaint

Labor Law Class Action Lawsuits Maintains Top Spot Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Northstar Education Finance: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motion To Centralize Class Action Litigation In District Of Minnesota

FDCPA Class Action Defense Cases–Campuzano-Burgos v. Midland Credit: Third Circuit Reverses FDCPA Class Action Ruling In Favor Of Plaintiffs Holding Dunning Letters Underlying Class Action Did Not Violate FDCPA

PSLRA JP Morgan Class Action Defense Cases–ECA v. JP Morgan Chase: Second Circuit Affirms Dismissal Of Securities Class Action Holding Class Action Complaint’s Allegations Failed To Establish Materiality Or Scienter Under PSLRA

State Farm Class Action Defense Cases–Moore v. State Farm: Fifth Circuit Affirms Summary Judgment In Favor Of State Farm In Class Action Challenging Conversion Of Homeowners Insurance Policies

AOL Class Action Defense Cases–Doe 1 v. AOL: Ninth Circuit Reverses Dismissal Of Class Action Holding Forum Selection Clause Unenforceable In CLRA/UCL Class Action Because Virginia State Courts Would Not Provide Class Action Relief

Labor Law Class Action Lawsuits Regain Sole Control Of Top Spot Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

FDCPA Class Action Defense Cases–Anchondo v. Anderson: New Mexico Federal Court Denies Motion To Dismiss FDCPA Class Action Holding Class Action Complaint Adequately Alleged Debt Collector Violated State And Federal Laws

Class Action Defense Cases–Woods v. QC Financial: Missouri State Appellate Court Affirms Trial Court Order Striking Class Action Waiver From Arbitration Clause And Then Compelling Arbitration Of Dispute

UPS Class Action Defense Cases–Taylor v. UPS: Fifth Circuit Reverses Dismissal Of Labor Law Class Action Holding Statutes Of Limitation Governing Class Action Claims Were Tolled During Appeal Of Related Class Action

Class Action Defense Cases–Williams v. Gerber Products: Ninth Circuit Reverses Dismissal Of Class Action Challenging Gerber “Fruit Juice Snacks” Packaging

FEMA Class Action Defense Cases–In re FEMA Trailer Formaldehyde: Louisiana Federal Court Denies Class Action Treatment To Products Liability Class Action Arising From Trailers FEMA Provided Hurricane Victims

UCL and Labor Law Class Action Lawsuits Share Top Spot Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

ERISA Class Action Defense Cases—In re National City: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Northern District of Ohio

Class Action Defense Cases– Ghazaryan v. Diva Limousine: California State Court Reverses Denial Of Class Action Treatment In Labor Law Class Action Holding Trial Court Erred In Believing It Had To Reach Merits To Certify Class Action

FDCPA Class Action Defense Cases–Seeger v. AFNI: Seventh Circuit Affirms Summary Judgment Against Debt Collector In FDCPA Class Action Holding Fee Sought To Be Recovered By Debt Collector Were Not Authorized

PSLRA Class Action Defense Cases–Cozzarelli v. Inspire Pharmaceuticals: Fourth Circuit Affirms Dismissal Of Securities Fraud Class Action Holding Allegations In Class Action Complaint Failed To Meet PSLRA’s Heightened Pleading Requirements

Song-Beverly Class Action Defense Cases–Party City v. Superior Court: California State Appellate Court Orders Summary Judgment In Favor Of Retailer In Song-Beverly Class Action Holding Zip Codes Not “Personal Information” Under Statute

Labor Law Class Action Lawsuits Continue Hold On Top Spot Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Whirlpool: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Only For Certain Class Actions And Selects Northern District Of Ohio As Transferee Court

Anti-Spam Class Action Defense Cases–Kleffman v. Vonage: Following Dismissal Of Class Action Ninth Circuit Certifies Question Concerning California’s Anti-Spam Law To California Supreme Court

Class Action Defense Cases--In re Mattel: California Federal Court Dismisses Class Action Claims Under Consumer Protection Safety Act But Refuses To Dismiss Remaining Class Action Claims Arising From Sale Of Lead Tainted Toys

H&R Block CAFA Class Action Defense Cases–Marshall v. H&R Block: Illinois Federal Court Remands Class Action To State Court Holding Modifications To Class Definition Did Not Support Removal Under Class Action Fairness Act (CAFA)

UCL Class Action Defense Cases–Davis v. Pacific Capital: Ninth Circuit Holds Bank Not Required To Refund Any Portion Of Finance Charge Assessed For IRS Refund Anticipation Loan Following Early Payoff By Borrower

2008 Class Action Lawsuits End Year With Substantial Increase In Labor Law Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Countrywide: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation But Selects Western District of Kentucky As Transferee Court

HAPPY NEW YEAR'S DAY FROM THE CLASS ACTION DEFENSE BLOG

CLASS ACTION DEFENSE BLOG OFF FOR NEW YEARS

FLSA Class Action Defense Cases–Bernal v. Vankar: Texas Federal Court Grants Class Action Plaintiffs Summary Judgment In Labor Law Class Action Concluding Employers Failed To Pay Minimum Wages And Overtime Required By FLSA

Google Class Action Defense Cases–Vulcan Golf v. Google: Illinois Federal Court Denies Class Action Treatment For Class Action Complaint Against Google Alleging Violations Of Anti-Cybersquatting Protection Act

Time Class Action Defense Cases—In re Set-Top Cable Television: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District of New York

MERRY CHRISTMAS/HAPPY HOLIDAYS FROM THE CLASS ACTION DEFENSE BLOG

CLASS ACTION DEFENSE BLOG OFF FOR CHRISTMAS

ERISA Class Action Defense Cases–Boos v. AT&T: Texas Federal Court Certifies Class Action After Independently Analyzing Requirements For Class Action Certification Of Rule 23 Despite Lack Of Defense Objection To Class Action Treatment

DuPont Class Action Defense Cases–In re Teflon: Iowa Federal Court Denies Class Action Treatment To False Advertising Class Action Against DuPont Alleging Failure To Disclose Health Risks Associated With Non-Stick Cookware Coatings

Labor Law Class Action Lawsuits Again Lead Categories Of New Class Actions Filed In California State And Federal Courts During Past Week

Class Action Defense Cases–Turner v. AAMC: California State Court Reverses Class Action Judgment In Favor Of Plaintiffs Holding California’s Civil Rights And Disabled Persons Act Did Not Apply To MCAT Standardized Tests

Tobacco Class Action Defense Cases-Altria Group v. Good: Supreme Court Holds Class Action Claims Challenging "Light" And "Low Tar" Labels Not Preempted By Federal Law And Affirms Reinstatement Of Class Action

MARK YOUR CALENDARS - CLASS ACTION DEFENSE CONFERENCES COMING TO NEW YORK

Sprint Class Action Defense Cases–Harlow v. Sprint: Kansas Federal Court Grants Class Action Treatment To Labor Law Class Action Against Sprint Alleging Systematic Failure To Properly Calculate Commissions Due Employees

FDCPA Class Action Defense Cases–Quiroz v. Revenue Production Management: Illinois Federal Court Certifies Class Action Holding Requirements For Certification Of Rule 23(b)(3) Class Action Had Been Met

Class Action Defense Cases–Starbucks v. Superior Court: California State Appellate Court Orders Judgment In Favor Of Starbucks In Labor Law Class Action Holding Named Plaintiffs In Class Action Suffered No Injury

New Labor Law Class Action Lawsuits Continue To Hold Top Spot Among Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Velocity Express: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects Eastern District of Wisconsin

Class Action Defense Cases-Kullar v. Foot Locker: California Court Reverses Approval Of Class Action Settlement Holding Insufficient Evidence Provided To Support Reasonableness Of Class Action Settlement Particularly As To Class Action's Meal Period Claim

Class Action Defense Cases– Stewart v. Cheek & Zeehandelar: Ohio Federal Court Certifies (b)(2) Class Action But Refuses To Certify (b)(3) Class Action Of FDCPA Class Action Claims Against Law Firm Debt Collector

FDCPA Class Action Defense Cases–Gaisser v. Portfolio Recovery Associates: Florida Federal Court Grants Motion To Dismiss Certain Class Action Claims But Denies Motion To Dismiss FDCPA Class Action

Labor Law Class Action Lawsuits Again Hold Top Spot Among Weekly Class Action Filings In California State And Federal Courts But Securities Class Action Lawsuits Surge Into Second

Class Action Defense Cases—In re Indianapolis Life: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Northern District of Texas

Class Action Defense Cases–Carlson v. eHarmony.com: California State Trial Court Certifies Class Action Against eHarmony Granting Class Action Treatment To Claims Of Homosexual And Bisexual People Denied Services Based On Sexual Orientation

PSLRA Class Action Defense Cases–Glazer Capital v. Magistri: Ninth Circuit Affirms Dismissal Of Class Action Holding Securities Class Action Complaint Failed To Plead Scienter Under PSLRA

FACTA Class Action Defense Cases–Bateman v. American Multi-Cinema: California Federal Court Denies Class Action Certification Motion Holding Putative FACTA Class Action Failed Superiority Test Because Of Risk Of Excessive Damage Award

Wal-Mart Class Action Defense Cases–Robinson v. Wal-Mart: Mississippi Federal Court Grants Wal-Mart Motion To Dismiss Labor Law Class Action Holding Rule 23(b) Requirements For Class Action Treatment Could Not Be Met

CLASS ACTION DEFENSE BLOG OFF FOR THANKSGIVING

HAPPY THANKSGIVING FROM THE CLASS ACTION DEFENSE BLOG

PSLRA Class Action Defense Cases–Ley v. Visteon: Sixth Circuit Affirms Dismissal Of Class Action Against Company, Individuals And Outside Auditor Holding Class Action Complaint Failed To Meet PSLRA’s Heightened Pleading Requirements

Class Action Defense Cases–Danvers v. Ford Motor: Third Circuit Reverses Certification Of Class Action Holding Rule 23(b)(3)’s Predominance And Superiority Tests For Class Action Treatment Had Not Been Met

PSLRA Class Action Defense Cases– Elam v. Neidorff: Eighth Circuit Affirms Dismissal Of Securities Fraud Class Action Holding Class Action Complaint Failed To Satisfy PSLRA’s Heightened Pleading Requirements

Back To Normal--Labor Law Class Action Lawsuits Dominate Weekly Class Action Filings In California State And Federal Courts As UCL Class Actions Drop To Distant Second

Class Action Defense Cases—In re SemGroup Energy: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Northern District of Oklahoma

Sprint Class Action Defense Cases–Harlow v. Sprint: Kansas Federal Court Denies Motion To Dismiss Class Action Holding Kansas Wage Payment Act Class Action Claim May Be Brought By Employees Who Neither Live Nor Work In Kansas

Oracle Labor Law Class Action Defense Cases–Sullivan v. Oracle: Ninth Circuit Reverses Summary Judgment In Favor Of Defense In Labor Law Class Action Holding California Labor Code Applies To Work Performed In The State By Nonresidents

Class Action Defense Cases--Stewart v. Cheek & Zeehandelar: Ohio Federal Court Strikes Rule 68 Offer Of Judgment In FDCPA Class Action Holding Rule 68 Offer To Settle Individual Claims After Class Action Certification Motion Filed Cannot Moot Class Claims

Class Action Defense Cases–Harper v. 24 Hour Fitness: California State Court Reverses Decertification Of Class Action Holding Trial Court’s Analysis Of UCL Class Action Claims Was "Legally Incorrect"

Labor Law And UCL Class Action Lawsuits Swap Spots In Weekly Class Action Filings In California State And Federal Courts As Employment-Related Class Actions Regain Top Spot

FLSA Class Action Defense Cases—In re DirecTech: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Eastern District of Louisiana

Class Action Defense Cases–Munoz v. Financial Freedom: California Federal Court Grants Defense Motion To Dismiss Class Action Claims As Preempted By HOLA But Grants Leave To File Amended Class Action Complaint

Class Action Defense Cases–Caudle v. Towers, Perrin: New York Federal Court Grants Defense Motion For Judgment On Negligence And Breach Of Fiduciary Duty Class Action Claims Premised On Theft Of Individuals’ Personal Information

Class Action Defense Cases–Brinkley v. Public Storage: In Labor Law Class Action, California State Court Affirms Defense Summary Judgment On Class Action’s Meal And Rest Period Claims Holding Breaks Need Only Be Available

PSLRA Class Action Defense Cases–Metzler v. Corinthian Colleges: Ninth Circuit Affirms Dismissal Of Securities Fraud Class Action Holding Class Action Complaint Failed To Meet PSLRA’s Heightened Pleading Requirements

UCL Class Action Lawsuits Seize Top Spot from Labor Law Class Actions In Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Toys “R” Us: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Central District of California

Class Action Defense Cases–Cundiff v. Verizon: California State Court Reverses Order Returning Unclaimed Class Action Settlement Funds To Defendant

Sears UCL Class Action Defense Cases–Thorogood v. Sears: Seventh Circuit Decertifies Class Action Holding Reliance Cannot Be Presumed And Trial On Consumer Protection Class Action Claims Would Require Individual Hearings And Proof

TILA Class Action Defense Cases–Christ v. Beneficial: Eleventh Circuit Reverses Class Action Certification And Damage Award In Truth-In-Lending-Act Class Action Holding TILA Does Not Authorize Actions Seeking Private Injunctive Relief

SLUSA Class Action Defense Cases–Instituto de Prevision Militar v. Merrill Lynch: Eleventh Circuit Affirms Dismissal Of Class Action By Pension Manager Holding SLUSA Preempts Class Action Securities Fraud Claims Against Merrill Lynch

Labor Law Class Action Lawsuits Continue To Hold Top Spot In Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Lending Tree: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Western District of North Carolina

Class Action Defense Cases–Fernandez v. Victoria Secrets: California Federal Court Grants Final Approval To Settlement Of Labor Law Class Action And Awards Class Action Plaintiffs’ Counsel 34% Of Total Value Of Class Action Settlement

WAMU PSLRA Class Action Defense Cases–South Ferry v. Killinger: Ninth Circuit Reverses District Court Order Denying Motion To Dismiss Securities Fraud Class Action Holding Core-Operations Inference Alone Does Not Satisfy PSLRA

FLSA Class Action Defense Cases–Hoffman v. Construction Protective Services: Ninth Circuit Affirms Order Barring Plaintiffs From Introducing Evidence Of Damages At Trial Of Labor Law Class Action Due To Plaintiffs’ Failure To Disclose Damages

UCL Class Action Defense Cases–Hoffman v. Citibank: Ninth Circuit Reverses District Court Order Dismissing Class Action And Compelling Arbitration And Remands For Reanalysis Of Whether Class Action Waiver In Arbitration Agreement Was Enforceable

New Class Action Lawsuits Alleging Labor Law Claims Maintain Top Spot In Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Countrywide Financial: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Transfers Class Actions To Southern District of California

Class Action Defense Cases–In re Lucent Death Benefits: Third Circuit Affirms Dismissal Of ERISA Class Action Agreeing That Pension Benefit Was Unvested And Terminable By Lucent

PSLRA Class Action Defense Cases–In re Ceridian: Eighth Circuit Affirms Dismissal Of Securities Fraud Class Action Holding Allegations Of Class Action Complaint Failed To Establish Scienter Required Under PSLRA

Class Action Defense Cases–Gene & Gene v. BioPay: Fifth Circuit Reverses Class Action Certification Of TCPA Class Action Holding Plaintiff Failed To Establish Class-Wide Proof Existed As To Issue Of Consent To Receive Fax Advertisements

PSLRA Home Depot Class Action Defense Cases–Mizzaro v. Home Depot: Eleventh Circuit Affirms Dismissal Of Securities Fraud Class Action Holding Class Action Complaint Failed To Satisfy PSLRA’s Heightened Pleading Requirements

Labor Law Class Action Lawsuits Continue To Dominate New Class Action Filings In California State And Federal Courts

Class Action Defense Cases–Rojas v. Brinderson: California Federal Court Dismisses Labor Law Class Action For Failure To Allege Facts Necessary To Establish Class Action Claim

iPhone Class Action Defense Cases–In re Apple & AT&TM: California Federal Court Denies Motions To Dismiss Antitrust Class Action And To Compel Individual Arbitration Of Class Action Claims

Arbitration Class Action Defense Cases–Pleasants v. American Express: Eighth Circuit Affirms Order Dismissing Class Action And Compelling Arbitration Of Individual Claim Holding Class Action Waiver In Arbitration Clause Enforceable Under FAA

Class Action Defense Cases–Shirk v. Fifth Third Bancorp: Ohio Federal Court Certifies ERISA Class Action Holding Rule 23’s Class Action Requirements Were Met And That ERISA Breach Of Fiduciary Duty Claims Are Appropriate For Class Action Treat

UCL Class Action Defense Cases–Hewlett-Packard v. Superior Court: California Court Denies Writ Seeking Reversal Of Class Action Certification Order In Unfair Competition Law (UCL) Class Action

Slow Week For Class Actions Dominated By Labor Law Class Action Lawsuits In New Class Action Filings In California State And Federal Courts

FLSA Class Action Defense Cases–Roussell v. Brinker International: Texas Federal Court Decertifies FLSA Class Action Holding Central Question Could Not Be Resolved Fairly In Single Collective Proceeding

PSLRA Class Action Defense Cases–Little Gem v. Orphan Medical: Eighth Circuit Affirms Dismissal Of Securities Class Action Holding Class Action Complaint Failed To Meet Heightened Pleading Requirements Under PSLRA

Class Action Defense Cases–In re Dynamic Random Access Memory: Ninth Circuit Affirms Dismissal Of Antitrust Class Action For Lack Of Subject Matter Jurisdiction Under Foreign Trade Antitrust Improvement Act (FTAIA)

PSLRA Class Action Defense Cases–Silverman v. Motorola: Illinois Federal Court Grants Defense Motion To Dismiss Certain Claims In Securities Class Action Finding Some Class Action Allegations Inadequate Under PSLRA

Class Action Defense Cases–Rhodes v. DuPont: West Virginia Federal Court Denies Class Action Certification In Putative Medical Monitoring Class Action Holding Individualized Inquiries Would Predominate

Labor Law Class Action Lawsuits Dominate New Class Action Filings In California State And Federal Courts

ERISA Class Action Defense Cases–In re Mutual Funds: Maryland Federal Court Grants Motion To Compel In ERISA Class Action Holding Fiduciaries Waived Attorney-Client/Work Product Doctrines By Producing Documents To Regulators

Wal-Mart Class Action Defense Cases–Salvas v. Wal-Mart: Massachusetts Reverses Decertification Of Labor Law Class Action (And Grant Of Summary Judgment On Class Action Claims) Holding Predominance Test Had Been Satisfied

FDCPA Class Action Defense Cases–Barany-Snyder v. Weiner: Sixth Circuit Affirms Judgment On The Pleadings on FDCPA Class Action Holding Attachment Of Entire Contract To Debt Collection Complaint Was Not An Effort To Enforce Each Term In Contract

Class Action Defense Cases–Lee v. Dynamex: California Court Reverses Denial Of Class Action Certification Holding Erroneous Discovery Ruling Precluded Plaintiff From Meeting Burden Of Showing Commonality And Typicality Of Claims

Class Action Defense Cases–In re Merck: Third Circuit Reinstates Class Action Against Merck Holding District Court Erred In Dismissing Securities Class Action Because Class Action Plaintiffs Were Not On Inquiry Notice Sufficient To Time Bar Claims

Class Action Defense Cases—In re Epogen & Aranesp: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff’s To Centralize Class Action Litigation But Send Class Actions Back To Central District Of California

New Class Action Lawsuits Asserting Employment-Related Claims Hold Top Spot Among New Class Action Filings In California State And Federal Courts

TILA Class Action Defense Cases–Andrews v. Chevy Chase: Seventh Circuit Reverses Class Action Certification Of TILA Class Action Against Chevy Chase Bank Holding Rescission Not Available In Class Actions Under TILA

Attorney Fee Class Action Defense Cases–In re Nortel Networks: Second Circuit Affirms Class Action Attorney Fee Award Of 3% Of Value Of Nortel Securities Class Action Settlement Rather Than 8.5% Negotiated With Lead Plaintiff

CAFA Class Action Defense Cases–Lloyd v. General Motors: Maryland Federal Court Denies Motion To Remand Class Action Holding That Under Maryland Law Amendment Adding New Plaintiffs Commenced New Action Under Class Action Fairness Act

Attorney Fees Class Action Defense Cases–Mark v. Spencer: California State Court Affirms Dismissal Of Lawsuit Seeking Damages Under Fee-Splitting Agreement Underlying Class Action Following Class Action Court Fee Award Inconsistent With Agreement

PSLRA Class Action Defense Cases–In re Hutchinson: Eighth Circuit Affirms Dismissal Of Class Action Holding Class Action Complaint Failed To Meet Heightened Pleading Requirements Under The Private Securities Litigation Reform Act (PSLRA)

Labor Law Class Action Lawsuits Maintain Dominance Among New Class Action Filings In California State And Federal Courts In Heavy Week For New Class Action Cases

Class Action Defense Cases—In re Family Dollar Stores: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motion To Centralize Class Action Litigation But Transfers Class Actions To Western District Of North Carolina

Class Action Defense Cases–Peck v. Cingular: Ninth Circuit Reverses Dismissal Of Class Action Holding That Federal Communications Act Did Not Preempt State Law Requiring Disclosure Of Line Item Charges

Class Action Defense Cases–Newby v. Enron: Fifth Circuit Partially Partially Affirms District Court Order Denying Law Firm Leave To File New State Law Claims Involving Enron But Reverses As To Claims Governed By Four-Year Limitations Period

ERISA Class Action Defense Cases–White v. Coca-Cola: Eleventh Circuit Affirms Summary Judgment In Favor Of Employer In ERISA Class Action Holding Plan Administrator’s Decision To Reduce Benefits Based On Social Security Benefits Was Reasonable

Arbitration Class Action Defense Cases–McKee v. AT&T: Washington State Court Holds Class Action Waiver Arbitration Clause Enforceable Affirming Trial Court Order Denying AT&T’s Motion To Compel Arbitration Of Class Action

Class Action Lawsuits Involving Employment-Related Claims Retain Top Spot Among New Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Aqua Dots: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Northern District of Illinois

Class Action Defense Cases—In re Puerto Rican Cabotage: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation But Transfers Class Actions To District Of Puerto Rico

Medicare Class Action Defense Cases–Uhm v. Humana: Ninth Circuit Affirms Dismissal Of Class Action Complaint Holding State Law Claims Concerning Medicare Prescription Drug Benefits Fell Within Express Preemption Of Federal Law

CAFA Class Action Defense Cases - Louisiana v. Allstate: Fifth Circuit Holds State's Parens Patriae Lawsuit Removable To Federal Court Under Class Action Fairness Act (CAFA) Based On "Real Parties In Interest" And "Real Nature" Of Action

Class Action Defense Cases–Yabsley v. Cingular: California State Court Affirms Dismissal Of UCL Class Action Holding Administrative Regulation Created Safe Harbor For Class Action's False Advertising Claims Against Cingular

Class Action Defense Cases–Owner-Operator v. Landstar: Eleventh Circuit Reverses Judgment In Favor Of Defense But Affirms Decertification Of Class Action Status

Labor Law Class Action Lawsuits Regain Top Spot Among New Class Action Filings In California State And Federal Courts During Past Week

MDL Antitrust Class Action Defense Cases–In re New Motor Vehicles: First Circuit Affirms Dismissal Of Class Action Holding Plaintiffs Lacked Standing To Prosecute Claims In Antitrust Class Action Complaint Because They Are "Indirect Purchasers"

Class Action Defense Cases–Kimoto v. McDonald’s: California Federal Court Denies Summary Judgment For Employer Because Fact Questions That Defeated Class Action Treatment Also Create Genuine Issues Of Material Fact

Class Action Defense Cases–Medrazo v. Honda of North Hollywood: California State Court Reverses Denial Of Class Action Certification Holding Trial Court Erred In Considering Merits Of Class Action Claims

Class Action Defense Cases–Kimoto v. McDonald’s: California Federal Court Grants Defense Motion To Deny Class Action Certification Of Labor Law Class Action Holding Employers Need Not Ensure That Employees Take Meal And Rest Breaks

Class Action Defense Cases–In re ConAgra: Georgia Federal Court Denies Class Certification Motion Holding Proposed Products Liability Class Action Lacked Typicality And Failed Predominance And Superiority Test

UCL Class Action Lawsuits Supplant Labor Law Class Action Lawsuits For Top Spot Among New Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Municipal Mortgage: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In District of Maryland

Mobil Oil Class Action Defense Cases–Weber v. Mobil Oil: Oklahoma State Court Certifies Class Action Against Mobil Oil Holding Plaintiffs Satisfied Requirements For Class Action Treatment Under Oklahoma Law

Class Action Defense Cases–Fleming v. Newby: Fifth Circuit Affirms Finding That Plaintiffs' Lawyer Engaged In Sanctionable Conduct But Vacates Award Of Sanctions In Light Of Class Action Settlement

SLUSA Class Action Defense Cases–In re Enron: Fifth Circuit Affirms Dismissal Of Class Action Lawsuits Holding SLUSA Preempts Securities Fraud Class Action Claims Originally Filed In State Court Were Covered Class Actions

Class Action Defense Cases–Fellner v. Tri-Union Seafoods: Third Circuit Reinstates Class Action Holding FDA Regulations Did Not Preempt Class Action’s State Law Claims Alleging Failure To Warn Of Mercury In Tuna

New Class Action Lawsuits Involving Labor Law Claims Again Hold Top Spot Among Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Countrywide Financial: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motion To Centralize Class Action Litigation But Transfers Class Actions To Western District of Kentucky

Class Action Defense Cases–In re Nortel Networks: Second Circuit Affirms Attorney Fee Award Of 3% Of Class Action Settlement Value Finding No Abuse Of Discretion In Rejecting Negotiated Fee Following Settlement Of Securities Class Action

Class Action Defense Cases–In re Parmalat Securities: New York Federal Court Grants Summary Judgment On Class Action Claims Holding Plaintiffs Failed To Establish Reliance To Support Class Action’s Securities Fraud Claims

Class Action Defense Cases–In re Genetically Modified Rice: Missouri Federal Court Denies Class Action Certification of Class Action Complaint Seeking Damages By Producers For Contamination Of Rice

Class Action Defense Cases–In re Gilead Sciences: Ninth Circuit Reverses Dismissal Of Securities Fraud Class Action Holding Class Action Complaint Adequately Alleges Loss Causation Under Dura Pharmaceuticals

New Labor Law Class Action Lawsuits Continue Dominance Among Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Vytorin/Zetia: Judicial Panel On Multidistrict Litigation (MDL) Grants Class Action Plaintiffs’ Motions To Centralize Class Action Litigation And Transfers Lawsuits To District of New Jersey

Class Action Defense Cases—In re Trasylol: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Transfers Class Actions To Southern District of Florida

Class Action Defense Cases–Clemens v. DaimlerChrysler: Ninth Circuit Affirms Judgment In Favor Of Defense In Products Liability Class Action Holding Post-Warranty Problems Were Not Actionable And Fraud Claims Were Time-Barred

NBA Class Action Defense Cases–Johnson v. First Banks: Illinois Appellate Court Affirms Dismissal Of Class Action Holding National Bank Act Preempts Class Action Claims

Class Action Defense Settlement Cases–In re Grand Theft Auto: New York Federal Court Decertifies Class Action Holding Proposed Settlement Class In Nationwide Consumer Protection Law Class Action Lacked "Cohesiveness" Required By Rule 23(b)(3)

Class Action Defense Cases–Parra v. Bashas’: Ninth Circuit Reverses Denial Of Class Action Treatment Of Labor Law Class Action’s Pay Discrimination Claim And Remands For Consideration Of Remaining Class Action Factors

Gap Narrows And Percentage Of Labor Law Class Action Lawsuits Filed During Past Week Declines, But Labor Law Class Actions Continue To Top List Of New Class Actions Filed In California State And Federal Courts

FDCPA Class Action Defense Cases–Yack v. Washington Mutual: California Federal Court Dismisses Class Action Complaint Because Plaintiffs Lacked Standing To Prosecute Class Action Claims

ERISA Class Action Defense Cases–Lanfear v. Home Depot: Eleventh Circuit Reverses Dismissal Of ERISA Class Action Holding District Court Had Subject-Matter Jurisdiction Because Class Action Sought Benefits Not Damages

Class Action Defense Cases–In re Apollo: Arizona Federal Court Vacates Jury Verdict In Securities Fraud Class Action And Enters Judgment In Favor Of Defendants Because No Proof Of Loss Causation

Class Action Fairness Act Cases–Bullard v. Burlington Northern: Seventh Circuit Affirms Denial Of Remand Motion Holding Suit On Behalf Of 144 Plaintiffs Was A Mass Action Within Meaning Of Class Action Fairness Act

Class Action Defense Cases–In re Scrap Metal: Sixth Circuit Affirms $34 Million Class Action Judgment In Antitrust Class Action Case Holding District Court Properly Certified Litigation As A Class Action

New Class Action Lawsuits Involving Employment-Related Maintain Top Spot Among Class Action Filings In California State And Federal Courts

MDL Class Action Defense Cases—In re Levaquin: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motion To Centralize Individual And Class Action Lawsuits In District of Minnesota

QVC Class Action Defense Cases–Mulligan v. QVC: Illinois State Court Affirms Denial Of Class Action Treatment And Summary Judgment In Favor Of Defense In Unfair Business Practice Class Action

Labor Law Class Action Defense Cases–Advanced-Tech v. Superior Court: California State Court Reverses Denial Of Defense Summary Judgment Motion Holding Class Action’s Failure To Pay Overtime Claim Failed As A Matter Of Law

ERISA Class Action Defense Cases-Nichols v. Alcatel: Fifth Circuit Affirms Denial Of Class Action Plaintiffs' Motion For Preliminary Injunction Holding Plan Was A Welfare Plan Rather Than A Benefit Plan And Plaintiffs Not Likely To Prevail On Class Action

ERISA Class Action Defense Cases–Nauman v. Abbott Laboratories: Illinois Federal Court Denies Defense Motion For Summary Judgment On ERISA Class Action Complaint Holding Conduct “As A Whole” Warranted Trial

Labor Law Class Action Lawsuits Continue To Dominate New Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Packaged Ice: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs’ Motions To Centralize Class Action Litigation And Selects Eastern District of Michigan As Transferee Court

California Governor Weighs In On Appellate Court Opinion In Brinker Restaurant Class Action

Labor Law Class Action Defense Cases–Brinker v. Superior Court: California Appellate Court Reverses Trial Court Order Certifying Labor Law Class Action Holding Employers Need Not “Ensure” Employees Take Meal And Rest Breaks

T-Mobile Class Action Defense Cases–Zaldivar v. T-Mobile: Washington Federal Court Denies Defense Motion to Dismiss Class Action Finding Class Action Complaint Adequately Pleaded Claims For Relief

TILA Class Action Defense Cases–Megitt v. IndyMac: Massachusetts Federal Court Dismisses Class Action Holding Technical Deficiencies In TILA 3-Day Notice Of Right To Cancel Underlying Class Action Claims Were Not Actionable

Class Action Defense Issues–Silvercreek v. Bank of America: Fifth Circuit Affirms Order Denying Leave To Extend Time To Opt Out Of Class Action Settlement Against BofA Because Notice Of Class Action Settlement Properly Served On Party

Employment Law Class Action Lawsuits Maintain Grip On Top Of List Of New Class Actions Filed In California State And Federal Courts

FACTA Class Action Defense Cases—In re Make-Up Art Cosmetics: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Central District of California

Dell FLSA Class Action Defense Cases–Norman v. Dell: Oregon Federal Court Certifies FLSA Class Action Against Dell But Denies Without Prejudice Request To Certify Class Action Of State Law Claims

FCRA Class Action Defense Cases–Cavin v. Home Loan Center: Seventh Circuit Affirms Summary Judgment In Favor Of Defense In FCRA Class Action Holding Letters Sent To Class Action Plaintiffs Constituted Firm Offers Of Credit

Class Action Defense Cases–Otsuka v. Polo Ralph Lauren: California Federal Court Certifies Class Action Against Polo Ralph Lauren Holding Rule 23 Requirements For Labor Law Class Action Had Been Satisfied

CAFA Class Action Defense Cases–Spivey v. Vertrue: Seventh Circuit Reverses Order Remanding Class Action To State Court And Holds Petition Under CAFA For Leave To Appeal May Be Filed More Than 7 Day After Entry Of Order

Labor Law Class Action Lawsuits Head List Of New Class Actions Filed In California State And Federal Courts

Class Action Defense Cases—In re Hannaford Bros.: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs Motion To Centralize Class Action Litigation In District of Maine

SLUSA Class Action Defense Cases–Siepel v. Bank of America: Eighth Circuit Affirms Dismissal Of Class Action Holding SLUSA Preempts Class Action Securities Fraud Claims Against BofA

FDCPA Class Action Defense Cases--Camacho v. Bridgeport Financial: Ninth Circuit Vacates Fee Awarded FDCPA Class Action Plaintiff Lawyers Due To District Court's Failure To Explain Hourly Rate Utilized And Failure To Use Lodestar To Award Fees-On-Fees

FAA Class Action Defense Cases–Kaltwasser v. Cingular Wireless: California Federal Court Refuses To Enforce Class Action Arbitration Wavier Or Arbitration Clause In Wireless Service Agreement Holding It Unconscionable Under California Law

Securities Fraud Class Action Defense Cases–In re Savient Pharmaceuticals: Third Circuit Affirms Dismissal Of Securities Class Action Holding Class Action Complaint Failed To Allege Scienter With Requisite Specificity

Dell Class Action Defense Cases–Fiser v. Dell: New Mexico Supreme Court Reverses Trial Court Order In Class Action Staying Class Action Lawsuit And Compelling Plaintiff To Arbitration His Individual Claim Holding Class Action Waiver Unenforceable

Class Action Defense Cases—In re Virgin Mobile IPO: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Transfers Class Actions To New Jersey

Class Action Defense Cases—In re Nissan: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Middle District of Tennessee

Class Action Defense Cases—In re Merrill Lynch: Judicial Panel On Multidistrict Litigation (MDL) Grants Unopposed Defense Motion To Centralize Individual And Class Action Litigation In Southern District Of New York

Employment Class Action Lawsuits Again Top List Of New Class Action Cases Filed In California State And Federal Courts

Class Action Defense Cases—In re Chocolate Confectionary: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiffs Motions To Centralize Individual And Class Action Litigation But Selects Middle District of Pennsylvania

FACTA Class Action Defense Cases—In re Oilily: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion Unopposed By Defense To Centralize Class Action Litigation In Northern District of California

Wal-Mart Class Action Defense Cases–Braun v. Wal-Mart: Minnesota Trial Court Rules In Favor Of Class Action Plaintiffs In Labor Law Class Action Against Wal-Mart And Finds Maximum Potential Damages May Approximate $2 Billion

Song-Beverly Class Action Defense Cases–Absher v. AutoZone: California Court Affirms Defense Judgment In Class Action Under Song-Beverly Act Because Act Applies Only To Personal Information Sought By Merchant At Time Of Sale

PSLRA Class Action Defense Cases–In re 2007 Novastar Financial: Missouri Federal Court Grants Defense Motion To Dismiss Securities Class Action For Failure To Plead Fraud With Requisite Specificity

Punitive Damages Class Action Defense Cases–Exxon v. Baker: Supreme Court Reduces Class Action Punitive Award In Exxon Valdez Case Holding Punitive Damages Under Federal Maritime Law Should Be Limited To Amount Of Compensatory Damages

Business As Usual: Labor Law Class Action Lawsuits Dominate New Class Action Cases Filed In California State And Federal Courts Over The Past Week

Class Action Defense Cases—In re Orleans Homebuilders: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Eastern District of Pennsylvania

USPS Class Action Defense Cases—In re United States Postal Service: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects Western District of Washington As Transferee Court

SUPREME COURT CUTS CLASS ACTION PUNITIVE DAMAGE AWARD IN EXXON VALDEZ CLASS ACTION FROM $2.5 BILLION TO $500 MILLION

PSLRA Class Action Defense Cases–Abrams v. Micrus Endovascular: Florida Federal Court Grants Defense Motion To Dismiss Securities Fraud Class Action Complaint For Failure To Plead Specificity Required By PSLRA

BCBG Class Action Defense Cases–In re BCBG: California State Court Upholds Court Order Granting Defense Motion To Strike Class Action Allegations In Labor Law Class Action

GM Class Action Defense Cases–General Motors v. Bryant: Arkansas Supreme Court Affirms Class Action Certification Of Nationwide Class Action Alleging Product Defect Holding Variations In State Laws May Be Addressed By Decertification of Class Action

FLSA Class Action Defense Cases–Johnson v. Big Lots: Louisiana Federal Court Decertifies FLSA Collective Action After Week-Long Bench Trial Because Evidence Revealed Class Members Were Not Similarly Situated

Labor Law Class Action Cases Regain Top Spot Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

National Bank Act Class Action Defense Cases–NNDJ v. National City Bank: Michigan Federal Court Dismisses Class Action Against National Banks Holding Class Action Claims Challenging Fees Banks Charged To Cash Official Checks Preempted By Federal Law

FLSA Class Action Defense Cases–Amendola v. Bristol-Myers: New York Federal Court Denies Plaintiff’s Request To Give Notice Of FLSA Class Action And To Equitably Toll Claims Period For Employees Who Later Join Class Action Litigation

Class Action Defense Cases–Berson v. Applied Signal Technology: Ninth Circuit Reverses Dismissal Of Securities Class Action Holding Class Action Complaint Satisfied Pleading Requirements

Class Action Defense Cases–Amaral v. Cintas: California Court Affirms Class Action Judgment In Favor Of Plaintiffs In Labor Law Class Action Holding City’s Living Wage Ordinance Applied To All Work By All Employees

HAPPY FATHER'S DAY FROM THE CLASS ACTION DEFENSE BLOG

Unfair Business Practice Class Action Cases Finally Top Labor Law Class Action Cases In Weekly List Of Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases—In re Washington Mutual: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Western District of Washington

Class Action Defense Cases–Chavez v. Netflix: California Court Upholds Trial Court Approval Of Class Action Settlement Providing Customers With One-Day Free Rental And Awarding $2 Million In Attorney Fees

Vioxx Class Action Defense Cases–Sinclair v. Merck: New Jersey Supreme Court Holds Class Action Seeking Medical Monitoring For Use Of Vioxx Properly Dismissed By Trial Court Because Class Action Plaintiffs Did Not Allege Harm

Class Action Defense Cases–Van Zanen v. Qwest: Tenth Circuit Affirms Dismissal Of Class Action Unjust Enrichment Claim Holding Violation Of Insurance Licensing Statute Insufficient To Support Class Action Claim

UCL Class Action Defense Cases–Williams v. Gerber Products: Ninth Circuit Reverses Dismissal Of Class Action Holding False Advertising On Front Of Box Not Cured By Accurate Ingredient List On Side Of Box

PSLRA Class Action Defense Cases–In re 2007 NovaStar Financial: Missouri Federal Court Grants Defense Motion To Dismiss Class Action Complaint Concluding Class Action Failed To Satisfy PSLRA’s Heightened Pleading Requirements

Labor Law Class Action Cases Top List Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

Labor Law Class Action Defense Cases–Hoenemier v. Sun Microsystems: California Trial Court Grants Plaintiff’s Motion To Certify Labor Law Class Action Alleging Sun Microsystems Improperly Characterized Techinical Writers As Exempt Employees

Class Action Defense Cases–Borochoff v. GlaxoSmithKline: New York Federal Court Grants Defense Motion To Dismiss Class Action Alleging Securities Law Violations Finding Complaint Failed To Satisfy PSLRA Pleading Requirements

Class Action Defense News—Brocade Agrees To Pay $160 Million To Settle Shareholder Class Action Lawsuit Involving Backdating Of Stock Options

CAFA Class Action Defense Removal Cases–Springman v. AIG: Seventh Circuit Affirms Denial Of Plaintiff’s Motion To Remand Class Action To State Court Upholding Removal Jurisdiction Under Class Action Fairness Act (CAFA)

Class Action Defense News—Class Action Plaintiff Lawyer Melvyn Weiss Sentenced To 30 Months In Federal Prison

UCL Class Action Defense Cases–Williams v. Gerber: Ninth Circuit Holds Class Action Complaint Improperly Dismissed Because Class Action’s False Advertising Claims May Have Deceived Reasonable Consumer

Class Action Defense Cases–Sharp v. Next: California Court Affirms Trial Court Order Refusing To Disqualify Plaintiffs’ Class Action Counsel And Refusing To Remove All Plaintiffs From Serving As Class Action Representatives

Employment-Related Class Action Lawsuit Filings Drop But Labor Law Class Actions Retain Top Spot Of Weekly Class Action Cases Filed In California State And Federal Courts

Class Action Defense Cases—In re PepsiCo: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District of New York

Class Action Defense Removal Cases–Gerlinger v. Amazon.com: Ninth Circuit Affirms Dismissal Of Antitrust Class Action Because Plaintiff Lacked Standing To Pursue Class Action

Time Warner Class Action Defense Cases–Clark v. Time Warner: Ninth Circuit Affirms "Primary Jurisdiction" Dismissal of Class Action And Referral To FCC Of Issue Central To Class Action Complaint

Class Action Defense Issues–New York Attorney General Wins “Class Action” Against Dell Alleging Fraud, False Advertising And Deceptive Business Practices

Privacy Class Action Defense Cases–TJX v. Superior Court: California Court Holds One-Year Limitations Period Applies To Class Action Complaint Under Song-Beverly Act And Class Action Complaint Cannot Include Merchandise Return Transactions

HAPPY MEMORIAL DAY FROM THE CLASS ACTION DEFENSE BLOG

Labor Law Class Action Lawsuits Continue To Dominate List Of Weekly Class Action Cases Filed In California State And Federal Courts

FACTA Class Action Defense Cases—In re Texas Roadhouse: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Northern District of Illinois

FCRA Class Action Defense Cases–Sullivan v. Greenwood Credit Union: In Case Of First Impression First Circuit Affirms Summary Judgment In Favor Of Defense In FCRA Class Action Holding Creditor’s Letter Was A “Firm Offer” Under FCRA

CAFA Class Action Defense Cases–Korn v. Polo Ralph Lauren: California Federal Court Denies Motion To Remand Class Action To State Court Holding Defense Established Class Action Alleging Song-Beverly Act Violations Involved More Than $5 Million

Class Action Defense Cases–ChartOne v. Raglon: Arkansas Supreme Court Affirms Class Action Certification Of Lawsuit Alleging Fees Charged For Medical Records Exceeded Amounts Allowable By Statute

CAFA Class Action Defense Cases–Pew v. Cardarelli: Second Circuit Holds District Court Erred In Remanding Class Action Because Exception To CAFA Removal Jurisdiction Limited To "Disputes Over The Meaning Of The Terms Of A Security"

Labor Law Class Action Cases Continue To Top List Of Weekly Class Action Lawsuits Filed In California State And Federal Courts

Venue Class Action Defense Cases– Totilo v. Herbert: New York Federal Court Grants Defense Motion To Transfer Class Action Lawsuit To Georgia

Wells Fargo Class Action Defense Cases—In re Wells Fargo Mortgage Lending Practices: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Transfers Class Actions To California

California Supreme Court Issues Widely Watched Decision On Same Sex Marriages And Strikes Down State Voter-Initiated Ban On Gay Marriage As Unconstitutional

ERISA Class Action Defense Cases–Loughman v. Unum: New York Federal Court Grants Defense Summary Judgment Motion In ERISA Class Action Holding Policies Excluded Plainly Coverage During Elimination Period

GlaxoSmithKline Class Action Defense Cases–In re Wellbutrin: Pennsylvania Federal Court Certifies Class Action Against GlaxoSmithKline In Antitrust Class Action By Direct Purchasers Of Antidepressant Drug

Kraft FLSA Class Action Defense Cases–Spoerle v. Kraft: Wisconsin Federal Court Certifies Class Action Of Class Action Complaint Alleging Labor Law Violations For Failure To Compensate Employees For Doffing/Donning Protective Gear

ERISA Class Action Defense Cases–Kirschbaum v. Reliant Energy: Fifth Circuit Affirms Summary Judgment In Favor Of Defense In ERISA Class Action Complaint Holding Class Action Claims

HAPPY MOTHER'S DAY FROM THE CLASS ACTION DEFENSE BLOG

No Surprise: Employment-Related Class Action Cases Top List Of Class Action Lawsuits Filed In California State And Federal Courts Over The Past Week

PAX Class Action Defense Cases—In re Michelin: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In District Of Maryland

WaMu Class Action Defense Cases—In re Washington Mutual: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Western District Of Washington

CAFA Class Action Defense Cases–Brooks v. GAF: South Carolina Federal Court Remand Class Action To State Court For Lack Of Requisite Amount In Controversy But Expressly Prohibits Plaintiffs From Recovering Damages In Excess Of Prayer

PSLRA Class Action Defense Cases--Cornelia I. Crowell GST Trust v. Possis Medical: Eighth Circuit Affirms Dismissal Of Securities Fraud Class Action Holding Allegations In Class Action Complaint Failed To Meet PSLRA's Heightened Pleading Requirements

Class Action Defense Cases–Negrete v. Allianz Life: Ninth Circuit Reverses District Court Order Enjoining Class Action Defendant From Settling Class Actions Pending In Other State And Federal Courts

Punitive Damages Class Action Defense Issues–City of Hope v. Genentech: California Supreme Court Affirms $300 Million Compensatory Award For Breach Of Contract But Reverses $200 Million Punitive Damage Award For Breach Of Fiduciary Duty

New Labor Law Class Action Lawsuits Again Outstrip Other Categories Of Class Action Filings In Weekly List Of New Class Action Cases Filed In California State And Federal Courts

Wal-Mart Class Action Defense Cases–Sepulveda v. Wal-Mart: In Unpublished Opinion Ninth Circuit Reverses Denial Of Class Action Treatment In Labor Law Class Action Filed On Behalf Of Assistant Managers

Weyerhauser Loses Antitrust Class Action Lawsuit in Oregon As Jury Awards $28 Million

Class Action Defense Cases–Ross v. Bank of America: Second Circuit Reinstates Antitrust Class Action Holding Cardholders Possessed Article III Standing To Pursue Class Action Claims Against Credit Card Issuers

Class Action Defense News—Colorado State Court Grants Class Action Status To Complaint Against EchoStar

Labor Law Class Action Defense Cases–Isner v. Falkenberg: California Court Affirms Summary Judgment In Favor Of Defense In Labor Law Class Action Holding Resident Employees Need Only Be Compensated For Carrying Out Assigned Duties

PSLRA Class Action Defense Cases–In re Charter Communications: Eighth Circuit Holds As Matter Of First Impression That District Court Failure To Include In Judgment Findings Required By Rule 11(b) Does Not Require Remand

Attorney-Client Privilege/Class Action Defense Cases–Costco v. Superior Court: California State Court Denies Writ Relief Of Court Order Requiring Defense To Produce In Labor Law Class Action Copy Of Redacted Letter Prepared By Outside Counsel

FACTA Class Action Defense Cases—In re OSI Restaurant: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Eastern District Of Pennsylvania

Labor Law Class Action Lawsuits Continue To Dominate List Of Weekly Class Action Cases Filed In California State And Federal Courts

Class Action Defense Cases—In re Aurora Dairy: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation But Selects Eastern District Of Missouri As Transferee Court

Microsoft Vista Class Action Defense Cases-Kelley v. Microsoft: Ninth Circuit Denies Review Of Certification Of Nationwide Class Action Against Microsoft By Washington Federal Court In Class Action Challenging OEM Marketing Of Vista Operating System

Class Action Defense Cases–Vandyne v. Allied Mortgage: Missouri Supreme Court Reverses Certification Of Class Action Because Membership In Class Action Required A Finding Of Liability And Because Class Definition Ambiguous

CAFA Class Action Defense Cases–In re Katrina Canal: Fifth Circuit Affirms Denial Of Motion To Remand Class Action To State Court Holding State Sovereignty Did Not Preclude Removal Of Class Action Under CAFA Because Citizens Were Class Members

CAFA Class Action Defense Cases–Lussier v. Dollar Tree: Ninth Circuit Upholds Denial Of Attorney Fees For Flawed Removal Of Class Action Under Class Action Fairness Act Because Basis For Removal Was Objectively Reasonable

FLSA Class Action Defense Cases–In re Pilgrim’s Pride: Arkansas Federal Court Conditionally Certifies Class Action In MDL Labor Law Class Action Alleging Failure To Pay For Time Spent Donning And Doffing Protective Equipment

Class Action Defense Cases—In re PepsiCo: Judicial Panel On Multidistrict Litigation (MDL) Grants Unopposed Defense Motion To Centralize Class Action Litigation In The Southern District Of New York

Class Action Defense Cases—In re Chiquita Brands: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects Southern District Of Florida As Transferee Court

New Employment-Related Class Action Lawsuits Rise As Labor Law Class Action Filings Again Top List Of Weekly Class Action Cases Filed In California State And Federal Courts

Class Action Defense Cases—In re Gadolinium: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation But Selects Northern District Of Ohio

FCRA Class Action Defense Cases–Murray v. New Cingular: Seventh Circuit Limits Cole Opinion And Resolves Several Fair Credit Reporting Act (FCRA) Issues Of Importance To Class Action And Non-Class Action Cases Alike

Class Action Defense Cases—In re Medtronic: Judicial Panel On Multidistrict Litigation (MDL) Grants Joint Plaintiffs’ Motion To Centralize Class Action Litigation And Selects District of Minnesota as Transferee Court

Coca-Cola Class Action Defense Cases–Coca-Cola v. Honorable W. Stephen Nixon: Missouri Supreme Court Reverses Order Granting Class Action Certification Holding That Definition Of Class Action Membership Was Overly Broad And Indefinite

PSLRA Class Action Defense Cases–Grillo v. Tempur-Pedic: Kentucky Federal Court Dismisses Securities Class Action Complaint With Prejudice Finding Class Action Allegations Failed To Plead Scienter With Specificity Required Under PSLRA

Wells Fargo UCL Class Action Defense Cases–Puentes v. Wells Fargo: California Court Affirms Summary Judgment In Favor Of Wells Fargo In UCL Class Action Holding Charging Monthly (Rather Than Daily) Interest On Loans Was Not Unlawful

Labor Law Class Action Filings Drop But Maintain Grip On Top Spot Of Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Saturn: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In The District of Nebraska

Class Action Defense Discovery Cases-Montoya v. S.C.C.P. Painting: Maryland Federal Court Holds Employer Bank Records Relevant But Discovery Concerning Immigration Status Irrelevant To Class Action Certification Issues

Class Action Defense Cases-CashCall v. Superior Court: California State Court Affirms Trial Court Order Permitting Class Action Plaintiff Who Was Never Member Of Putative Class To Obtain Precertification Discovery Of Actual Class Member Identities

Class Action Defense Cases-Holmgren v. County of Los Angeles: California State Court Affirms Judgment Adverse To Class Action Plaintiffs Holding Engineers Of Firms Under Contract With County Were Not Common Law Employees Of County

HP Class Action Defense Cases–Indiana Electrical Workers v. Dunn: California Federal Court Grants Defense Motion To Dismiss Class Action Challenging $21.4 Million Severance Package Hewlett-Packard Paid Former CEO Fiorina

ERISA Class Action Defense Cases–Adams v. IBM: New York Federal Court Grants Defense Motion To Dismiss ERISA Class Action Finding Res Judicata Barred Class Action Against Plan And Plan Administrator

Employment-Related Class Action Lawsuits Command Top Spot On List Of Weekly Class Action Filings In California State And Federal Courts

Copycat Class Action Filed Against Starbucks In New York Following $100+ Million Class Action Judgment In California

Second Circuit Reverses District Court Certification Of Class Action Against Tobacco Companies In “Light Cigarette” Class Action Case

Second Circuit Court of Appeals Reverses District Court Order Certifying Class Action Against Tobacco Companies In “Light” Cigarettes Case Holding that Individual Proof of Reliance on Defendants’ Marketing Precluded Class Action Treatment

District Court Erred In Certifying Class Action Against Tobacco Companies In “Light” Cigarettes Case Second Circuit Holds

Cigarette Class Action Defense Cases–McLaughlin v. Philip Morris: Second Circuit Reverses Certification Of Class Action Alleging Deceptive Advertising Of "Light" Cigarettes Holding Individual Questions of Reliance Predominate

Breaking News--Second Circuit Reverses Class Action Certification Against Philip Morris In "Light Cigarettes" Class Action Case

FedEx Class Action Defense Cases–In re FedEx Ground: Indiana Federal Court Grants Class Action Treatment In 19 Labor Law Class Action Cases Alleging Misclassification Of Pickup/Delivery Drivers But Denies Certification In 9 Other Class Actions

Class Action Defense Cases-Pfeiffer v. Himax: California Federal Court Denies Defense Motion To Transfer Securities Fraud Class Action To New York

Class Action Defense Cases–Allen v. Holiday Universal: Pennsylvania Federal Court Certifies Class Action Against Health Clubs Alleging Excessive Membership Fees In Violation Of State Law But Denies Class Action Treatment Of Unjust Enrichment Claim

Countrywide Class Action Defense Cases--In re Countrywide: California Federal Court Stays Class Action Claims Against Countrywide And Denies Plaintiffs' Motion For Constructive Trust/Preliminary Injunction And Plaintiffs' Request For Expedited Discovery

No Surprise -- Labor Law Class Action Lawsuits Again Hold On To Top Spot In Weekly Class Action Filings In California State And Federal Courts

ADEA Class Action Defense Cases-Peterson v. Seagate: Minnesota Federal Court Denies Motion To Certify Interlocutory Appeal Of Order Denying Defense Motion To Dismiss Class Action Claims In Age Discrimination Class Action

Labor Law Class Action Defense Cases-Schachter v. Citigroup: California State Court Affirms Summary Judgment In Favor Of Defense In Labor Law Class Action Challenging Forfeiture Provisions Of Voluntary Employee Incentive Compensation Plan

Class Action Defense Cases-Farm Raised Salmon Cases: California Supreme Court Holds Class Action Concerning Artificially Colored Salmon Not Preempted By Federal Law And Reverses Dismissal Of Class Action

Countrywide RESPA Class Action Defense Cases-Krupa v. Landsafe: Eleventh Circuit Affirms Summary Judgment In Favor Of Defense In RESPA Class Action Holding No Kickback Or Markup Violations Occurred

Sears Class Action Defense Cases-Berbig v. Sears: Illinois State Court Holds Trial Court Erred In Denying Motion To Dismiss Products Liability Class Action On Grounds Of Forum Non Conveniens

Labor Law Class Action Lawsuits Continue Dominance In Weekly Class Action Filings In California State And Federal Courts

Starbucks Hit With $105 Million Judgment In Labor Law Class Action Brought By Baristas Alleging Improper Sharing Of Tips With Shift Supervisors

Labor Law Class Action Against Starbucks, Alleging Improper Sharing Of Baristas Tips With Supervisors, Results In $105 Million Judgment And Injunctive Relief In Favor Of Members Of Class Action Suit

Class Action Defense Cases-In re Southeastern Milk: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects Eastern District of Tennessee As Transferee Court

ERISA Class Action Defense Cases-In re Federal National Mortgage: District Of Columbia Federal Court Grants Motion To Certify Securities Class Action Against Fannie Mae and KPMG But Grants Defense Request To Limit Class Period

E*Trade TILA Class Action Defense Cases-Silvas v. E*Trade: Ninth Circuit Affirms Dismissal Of UCL Class Action Premised On TILA Violations For Failure To Refund Loan Lock-In Fees Holding Federal Law Preempted Class Action Claims

ERISA Class Action Defense Cases-Robinson v. Sheet Metal Workers’: Second Circuit Affirms District Court Judgment In ERISA Class Action In Favor Of Defense Holding Trustees Did Not Violate Anti-Cutback Rule Or Breach Contract

Attorney Fee Awards in Class Action Cases-In re High Sulfur Content Litigation: Fifth Circuit Reverses Portion Of District Court Class Action Settlement Order Allocating Attorney Fees Among Class Action Plaintiff Lawyers For Procedural Defects

Arbitration Class Action Defense Cases-Aguilar v. BLH Construction: California Court Affirms Trial Court Order Denying Petition To Compel Arbitration Of Class Action Thereby Permitting Labor Law Class Action To Proceed In State Court

New Class Action Lawsuits Alleging Employment-Related Claims Top List Of Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re Mercedes-Benz: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In District of New Jersey

Hurricane Class Action Defense Cases-Audler v. CBC Innovis: Fifth Circuit Holds Plaintiff Lacked Standing To Prosecute Class Action Against Companies Unrelated To His Property And Affirms Dismissal Of Class Action Complaint Against Remaining Defendant

ADEA Class Action Defense Cases-Schuler v. PricewaterhouseCoopers: District of Columbia Circuit Reverses District Court Order Dismissing ADEA Class Action Finding Plaintiff Satisfied ADEA Prerequisites For Filing Class Action

Class Action Defense Cases-In re Ingram Barge Company: Fifth Circuit Dismisses Appeal From Order Granting Defense Motion To Strike Class Action Allegations For Lack Of Appellate Jurisdiction

ERISA Class Action Defense Cases-In re Syncor: Ninth Circuit Reverses Defense Judgment In Class Action Holding District Court Erred In Failing To First Consider Proposed Class Action Settlement Under Rule 23(e)

Class Action Defense Cases—In re Transpacific: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Northern District of California

Class Action Defense Cases-Anderson v. CNH: Eighth Circuit Dismisses As Moot Appeal From District Court Order Denying Class Action Certification

Labor Law Class Action Lawsuits Continue To Top List In Weekly Class Action Filings In California State And Federal Courts

Attorney Fees Class Action Defense Cases-Harrington v. Payroll Entertainment: California State Court Holds Plaintiff Lawyers Who Filed Labor Law Class Action Deserved Only $500 In Fees Because Class Action Complaint Was Not Viable

Labor Law Class Action Defense Cases-McClain v. Lufkin: Fifth Circuit Issues Mixed Opinion On Class Action Appeal Following Judgment In Favor Of Plaintiff On Title VII/§ 1981 Discrimination Class Action Complaint

FDCPA Class Action Defense Cases-Jacobson v. Healthcare Financial: Second Circuit Reverses Summary Judgment In Favor Of Defense In FDCPA Class Action And Vacates Award Of Attorney Fees And Costs Against Class Action Plaintiff

BP Class Action Defense Cases-Rees v. BP America: Oklahoma State Court Affirms Dismissal Of Class Action Complaint Holding Plaintiff's Class Action Barred Because He Was Absent Class Member Of Prior Class Action

CAFA Removal Class Action Defense Cases-Alicea v. Circuit City: New York Federal Court Awards Plaintiff Attorney Fees Following Remand Of Class Action To State Court Holding Removal Jurisdiction Did Not Reasonably Exist Under Class Action Fairness Act

Class Action Lawsuit Filings Rise But Labor Law Class Action Cases Again Hold Top Spot In Weekly Class Action Filings In California State And Federal Courts

Lead-Tainted Toys Class Action Defense Cases-In re Mattel: Judicial Panel On Multidistrict Litigation (MDL) Grants Joint Defense/Plaintiff Motion To Centralize Class Action Litigation In Central District of California

Arbitration Class Action Defense Cases-Lowden v. T-Mobile: Ninth Circuit Affirms District Court Denial Of Defense Motion To Compel Arbitration Of Class Action Finding Class Action Waiver In Arbitration Agreements Unconscionable And Unenforceable

Class Action Defense Cases-Thorpe v. Abbott Labs: California Federal Court Denies Defense Motion To Dismiss Class Action Finding California State Law Class Action Claims Were Not Incompatible With Illinois FLSA Class Action

Class Action Defense Cases-In re Motor Fuel: Kansas Federal Court Denies Defense Motion To Dismiss Class Action Challenging Practice Of Selling Gasoline Based On Volume Regardless Of Temperature

Microsoft Vista Class Action Defense Cases-Kelley v. Microsoft: Washington Federal Court Certifies Nationwide Class Action Against Microsoft For Class Action Complaint Challenging OEM Marketing Of Vista Operating System

Number Of Class Action Lawsuits Drop During Past Week But Class Action Cases Involving Employment Law Claims Continue To Lead Weekly Class Action Filings In California State And Federal Courts

Toy Lead Class Action Defense Cases-In re RC2 Corp.: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Northern District of Illinois

BP CAFA Removal Class Action Defense Cases-Eatinger v. BP: Kansas Federal Court Refuses To Remand Class Action To State Court Holding Removal Jurisdiction Exists Under Class Action Fairness Act (CAFA)

PSLRA Class Action Defense Cases-In re H&R Block: Missouri Federal Court Dismisses Securities Class Action Against H&R Block Concluding Class Action Allegations Failed To Satisfy PSLRA's Heightened Pleading Requirements

Class Action Defense Cases-In re Tyco: New Hampshire Federal Court Approves Class Action Settlement And Awards Class Counsel Record $464 Million For Prosecuting Securities Fraud Class Action Lawsuit

Class Action Defense Cases-In re Dynamic Random Access Memory: California Federal Court Grants Motion To Dismiss Certain Antitrust Class Action Claims Finding Plaintiffs Lack Antitrust Standing

Labor Law Class Action Lawsuits Dominate Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re Peregrine Systems: Judicial Panel On Multidistrict Litigation (MDL) Grants Joint Defense/Plaintiff Motion To Centralize Class Action Litigation In Southern District of California

UCL Class Action Defense Cases-Hall v. Time: California State Court Affirms Dismissal Of Class Action Complaint Concluding Plaintiff Lacked Standing Under Unfair Competition Law (UCL) To Prosecute Class Action Claims

CAFA Class Action Defense Cases-Toller v. Sagamore: Arkansas Federal Court Delays Ruling On Motion To Remand Class Action Against Insurer Pending Additional Evidence Of Amount In Controversy For Removal Under Class Action Fairness Act (CAFA)

Subprime Securities Law Class Action Defense Cases-Gold v. Morrice: California Federal Court Grants Motion To Dismiss Class Action Claims But Gives Plaintiffs Leave To File Amended Class Action Complaint

CAFA Class Action Defense Cases-Main Drug v. Aetna: Eleventh Circuit Dismisses For Lack Of Jurisdiction Appeal From District Court Refusing To Remand Class Action Removed Under Class Action Fairness Act (CAFA)

FLSA Class Action Defense Cases-Spoerle v. Kraft Foods: Wisconsin Federal Court Denies Defense Summary Judgment Motion In FLSA Class Action Seeking Compensation For Donning And Doffing Protective Equipment

Class Action Lawsuits Alleging Employment-Related Claims Retain Hold On Top Spot Of Weekly Class Action Filings In California State And Federal Courts

FLSA Class Action Defense Cases-In re KFC: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Fair Labor Standards Act Class Action Litigation In District Of Minnesota

Class Action Defense Cases-Hubbard v. Potter: Federal Magistrate Grants Defense Motion To End Pre-Certification Discovery In Labor Law Class Action But Denies As Untimely Defense Motion To Designate Rebuttal Expert

State Farm Class Action Defense Cases-Kartman v. State Farm: Indiana Federal Court Grants Defense Motion To Compel Production Of Documents Plaintiff's Counsel Believes Relevant To Class Action Claims

Fidelity Class Action Defense Cases-Randleman v. Fidelity National Title: Ohio Federal Court Grants Class Action Treatment Against Title Insurer Alleging Class Action Claims Based On Failure To Give Homeowners Discounted Rates

Dow Class Action Defense Cases-Henry v. Dow Chemical: Divided Michigan Appellate Court Affirms Class Action Certification Of Toxic Tort Class Action Complaint Arising From Release Of Dioxin At Dow Chemical Plant

Labor Law Class Action Cases Extend Hold On Top Spot Of Weekly Class Action Filings In California State And Federal Courts

Katrina Class Action Defense Cases-In re Katrina: Louisiana Federal Court Dismisses Class Action Complaint Against Government Finding Class Action Claims Based On Levee System Failure During Hurricane Katrina Barred By Governmental Immunity

GM Class Action Defense Cases-In re General Motors: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Western District of Washington

Class Action Defense Cases-Sonnier v. State Farm: Fifth Circuit Affirms Dismissal Of Class Action Complaint Against Automobile Insurance Company Because Allegations In Class Action Failed To State Claim For Failure To Inspect Seatbelts After Accidents

Class Action Defense Cases-Montgomery v. Bank of America: California Federal Court Dismisses Class Action Complaint Holding National Bank Act (NBA) Preempts Class Action Claims Challenging Nonsufficient Funds/Overdraft Fees

ADEA Class Action Defense Cases-Breen v. Peters: District of Columbia Federal Court Denies Motion To Add 20 New Plaintiffs To ADEA Class Action And Denies Former Plaintiff's Motion To Rejoin Class Action

Class Action Defense Cases-Mills v. Foremost: Eleventh Circuit Reverses District Court Dismissal Of Class Action Complaint Alleging Underpayment Of Policy Benefits Holding Plaintiffs Possess Standing And Should Be Allowed To Conduct Discovery

New Employment Law Class Action Cases Continue Hold On Top Spot Of Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re American Home Mortgage: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Eastern District Of New York

Illinois State Court Finally Grants Defense Motion For Summary Judgment In Stock Options Class Action Lawsuit Against CyberSource

Veterans Class Action Defense Cases-Cody v. Cox: District of Columbia Circuit Reverses Dismissal Of Class Action Holding Congressional Amendment To Statute Did Not Render Class Action Claims Moot

PSLRA Class Action Defense Cases-Makor v. Tellabs: Seventh Circuit Reaffirms That Class Action Complaint Created “Strong Inference” Of Scienter Required For Securities Class Action To Survive Defense Motion To Dismiss

Supreme Court Refuses To Hear Appeal In Enron Investor Class Action Lawsuit Against Wall Street Firms

FLSA Class Action Defense Cases-Roe-Midgett v. CC Services: Seventh Circuit Affirms Summary Judgment In Favor Of Defense In FLSA Class Action Holding Employees Covered By Class Action Complaint Were Exempt

ERISA Class Action Defense Cases-Nelson v. Hodowal: Seventh Circuit Affirms Defense Judgment In ERISA Class Action Holding Plan Fiduciaries Not Required To Disclose "Facts That May Lead To Idiosyncratic Reactions"

Supreme Court Agrees To Hear Appeal In Class Action Alleging Deceptive Advertising Of Light Cigarettes And Decision Will Impact Numerous Class Action Lawsuits Based On Identical Challenges

Labor Law Class Action Cases Retain Top Spot But New Truth-In-Lending Act (TILA) Class Action Lawsuits Run A Close Second In New Class Action Filings In California State And Federal Courts

MARK YOUR CALENDARS -- Hotel Development Conference Coming To Las Vegas March 11-13, 2008

Class Action Defense Cases-In re Refco: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District of New York

FCRA Class Action Defense Cases-Killingsworth v. HSBC: Seventh Circuit Reverses District Court Orders Dismissing Of FCRA Class Action Lawsuits Holding FCRA Amendment Barring Private Rights Of Action Not Retroactive

Securities Class Action Defense Cases-Stoneridge Investment v. Scientific-Atlanta: Supreme Court Affirms Dismissal Of Securities Class Action Claims Against Third Parties Finding No Reliance By Investors On Third Party Statements

Securities Class Action Defense Cases--U.S. Supreme Court Affirms Judgment In Securities Class Action Seeking To Hold Customers And Suppliers Of Charter Communication Liable For Misleading Financial Statements

FEMA Class Action Defense Cases-Ridgely v. FEMA: Fifth Circuit Reverses District Court Order Granting Preliminary Injunction Against FEMA Regarding Rental Assistance Benefits To Hurricane Victims

Class Action Defense Cases-Grife v. Allstate: Eleventh Circuit Affirms Dismissal Of Class Action Complaint Against Insurer Holding Class Action Claims Fell Within Scope Of Exclusion To Coverage

Employment Law Class Action Lawsuits Record More Than Six (6) Times New Cases As Any Other Category Of Class Actions In "Slow" Week For New Class Action Filings In California State And Federal Courts

Best Buy Class Action Defense Cases-In re Best Buy: Judicial Panel On Multidistrict Litigation (MDL) Denies Plaintiff Motion To Centralize Class Action Litigation Agreeing With Defense That Class Actions May Proceed Separately

Insurance Class Action Defense Cases-Record-A-Hit v. National Fire Insurance: Illinois Court Reverses Dismissal Of Third-Party Complaint Against Insurance Companies Seeking Defense Of Class Action Complaint Against Insured

Discovery Class Action Defense Issues-Qualcomm v. Broadcom: California Federal Court Sanctions Plaintiffs' Lawyers And Refers Six Lawyers To California State Bar For Disciplinary Proceedings For Withholding Electronic Discovery

Class Action Defense Cases-McCoy v. Superior Court: California Court Holds Class Action Labor Law Claims For Waiting Time Penalties Governed By One-Year Limitations Period And Grants Defense Motion To Strike Certain Class Action Claims

Class Action Defense Cases-Wyly v. Milberg Weiss: New York Court Holds Members Of Class Action Are Not "Clients" Entitled To Class Action Plaintiff Counsel's Files Because Absent Class Members Play Limited Role In Class Action Litigation

Class Action Defense Cases—California Court Of Appeal Grants Defense Request For Rehearing In Ticconi v. Blue Shield Class Action

Labor Law Class Action Lawsuits Dominate Weekly Class Action Filings In California State And Federal Courts

Circuit City Class Action Defense Cases-In re Circuit City: Judicial Panel On Multidistrict Litigation (MDL) Denies Plaintiff Motion To Centralize Class Action Lawsuits And Permits Class Action Litigation To Proceed Separately

FDCPA Class Action Defense Cases-Kalish v. Karp: New York Federal Court Grants Class Action Treatment To Fair Debt Collection Practices Act (FDCPA) Class Action Against Law Firm Despite De Minimis Recovery And Class Counsel's Limited Success

Record Class Action Attorney Fee Award As Plaintiff Lawyers in Class Action Against Tyco Awarded $464 Million in Attorney Fees

Travelers Settles Class Action Lawsuit And State Investigations Concerning Contingent Commission Payments To Brokers

UPS Class Action Defense Case-Bates v. UPS: Ninth Circuit En Banc Reverses Panel Opinion Refusal To Decertify Class Action And Affirms Class Action Judgment Against UPS Based On ADA Claim, But Reaffirms That Unruh Act Violation Must Be Reversed

HAPPY NEW YEAR FROM THE CLASS ACTION DEFENSE BLOG

UCL Class Action Defense Cases-Ticconi v. Blue Shield: California Court Reverses Denial Of Class Action Motion Holding Trial Court Erred In Refusing Class Action Treatment Based on Equitable Defenses To Unfair Competition Law (UCL) Claims Against Insurer

Federal Court Refuses To Certify Class Action In Lawsuit Arising Out Of 2005 Train Derailment

Class Action Defense Cases-Wernikoff v. Health Care Service: Illinois Appellate Court Reverses Order Decertifying Class Action But Affirms Summary Judgment As To Plaintiff's Claims Thus Requiring Appointment Of New Class Representative

Weekly Summary Of New Class Action Lawsuits Filed In California State And Federal Courts To Be Combined And Reported Next Week

ERISA Class Action Defense Cases-In re RadioShack: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize ERISA Class Action Litigation In Northern District of Texas

CAFA Class Action Defense Cases-Weber v. Mobil Oil: Tenth Circuit Dismisses Appeal Of Order Remanding Class Action To State Court Holding Class Action Fairness Act (CAFA) Did Not Afford Jurisdiction To Consider Appeal

Honda Class Action Defense Cases-Vaughn v. American Honda: Fifth Circuit Rejects Arguments By Parties To Class Action And Reduces Rule 7 Bond Required To Appeal Class Action Settlement From $150,000 To $1,000

MERRY CHRISTMAS/HAPPY HOLIDAYS FROM THE CLASS ACTION DEFENSE BLOG

Class Action Defense Cases-In re Korean Air Lines: Judicial Panel On Multidistrict Litigation (MDL) Grants Unopposed Plaintiff Motion To Centralize Class Action Litigation And Selects Central District of California As Transferee Court

Federal Court Dismisses Class Action Against Lawyer-Rating Website Avvo

Federal Securities Law Class Action Defense Cases-In re Sterling Financial: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Eastern District of Pennsylvania

Class Action Defense Cases—Class Action Counsel Seek Relief From Key Provision Of Proposed Settlement Agreement In Vioxx Class Action Litigation

FedEx Class Action Defense In Labor Law Class Action Lawsuits Braces For Impact Of IRS Ruling That FedEx Ground-Delivery Personnel Are Employees Rather Than Independent Contractors

Class Action Lawsuits Increase Dramatically Led By Substantial Rise In Securities Class Action Filings And Class Action Cases Arising Out Of Subprime Meltdown

New Labor Law Class Action Lawsuits Continue To Lead Weekly Class Action Filings In California State And Federal Courts

Criminal Trial of Plaintiff Class Action Lawyer Melvyn Weiss To Remain In Los Angeles Federal Court Rules

TILA Class Action Defense Cases-In re Long Beach Mortgage: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Northern District of Illinois

Merrill Lynch Class Action Defense Cases—Federal Court Approves $15 Million Settlement Of Class Action Against Merrill Lynch

State Farm Class Action Defense Cases-Alleman v. State Farm: Pennsylvania Federal Court Refuses To Certify Breach Of Contract Class Action Challenging Calculation Of Insurance Premiums And Grants Defense Summary Judgment Motion On Contract Claim

ICA Class Action Defense Cases-Alexander v. Allianz: Connecticut Federal Court Grants Defense Motion To Dismiss Class Action Complaint Alleging Violations Of Investment Company Act (ICA)

Ethics And Class Action Defense Issues-Rico v. Mitsubishi: California Supreme Court Affirms Disqualification Of Plaintiffs' Counsel And Experts In Products Liability Case (Not Class Action) For Unethical Conduct In Reviewing Defense Counsel's Work Product

Wal-Mart Class Action Defense Case-Dukes v. Wal-Mart: Ninth Circuit Again Upholds Class Action Certification Order In Nationwide Sex Discrimination Lawsuit Against Wal-Mart Finding Class Action With 1.5 Million Members Was Nonetheless Manageable

Further Drop In Employment Class Action Lawsuits Among Weekly Class Actions Filed In California State And Federal Courts But Labor Law Class Action Cases Continue To Lead List Of New California Class Action Filings

FEMA Class Action Defense Cases-In re FEMA Trailer Formaldehyde: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In Eastern District of Louisiana

Options Backdating Class Action Defense Cases--American Tower Settles Federal Securities Class Action Lawsuits For $14 Million

CAFA Class Action Defense Cases-May's v. Total Containment: Alabama Federal Court Remands Class Action To State Court Holding Amendment Of Complaint After CAFA’s (Class Action Fairness Act) Effective Date Did Not Permit Removal

Sprint Nextel Class Action Defense Cases—State Court Approves $57.5 Million Class Action Settlement Resolving Class Action Arising Out Of Recombination Of Its Tracking Stocks In 2004

Class Action Defense Cases-John v. National Security: Second Circuit Reverses District Court Approval Of Class Action Settlement Holding Lower Court Lacked Jurisdiction Over Class Action Claims For Unregistered Copyrights

CAFA Class Action Defense Cases-Smith v. Nationwide: Sixth Circuit Affirms Applicability Of CAFA To Class Action Complaint And Affirms Order Remanding Class Action To State Court Because Plaintiff Disclaimed Damages Over $5 Million

Class Action Defense Cases-In re Literary Works: Second Circuit Rejects Ethics Committee Recommendation For Recusal From Hearing Class Action Settlement Appeal Based On Judges Membership In Class Action

New Labor Law Class Action Lawsuits Drop In Weekly List Of Class Actions Filed In California State And Federal Courts But Still Top Categories Of New Class Action Cases

Class Action Defense Cases-In re Avandia Marketing: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation But Selects Eastern District of Pennsylvania As Transferee Court

Arbitration Class Action Defense Cases-Skirchak v. Dynamics Research: First Circuit Holds Class Action Waiver In Arbitration Clause Unconscionable And Thus Unenforceable In FLSA Class Action

Intel Class Action Defense Cases-Barbara's Sales v. Intel: Illinois Supreme Court Applies Illinois Law To Fraud Class Action And Reverses Certification Of Class Action Against Intel

Class Action Defense Cases-Mills v. Giant: D.C. Circuit Upholds District Court Dismissal Of Class Action Against Sellers Of Milk For Failing To Warn That Some Purchasers May Be Lactose-Intolerant

NYSE Class Action Defense Cases-In re NYSE Specialists: Second Circuit Upholds District Court Dismissal Of Class Action Against New York Stock Exchange Holding Absolute Immunity Applied To Its Quasi-Governmental Regulatory Role

Employment Law Class Action Lawsuits Continue To Dominate Categories Of Class Action Cases Filed In California State And Federal Courts

MDL Class Action Defense Cases-In re Internal Revenue Service: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In The District Of Nevada

Securities Class Action Defense Cases-Levine v. AtriCure: New York Federal Court Denies Defense Motion In Securities Fraud Class Action To Dismiss Claims Of Class Action Plaintiff On Ground That He Suffered No Loss

Class Action Defense Cases-Capitol People v. Dep’t of Developmental Services: California Appellate Court Reverses Court Order Denying Class Action Certification And Affirmatively Holds Class Action Treatment Warranted For Lanterman Act Claims

JDSU Class Action Defense Attorneys Secure Jury Verdict In Federal Securities Class Action Lawsuit

Class Action Defense Cases-Azizian v. Federated: Ninth Circuit Holds Attorney Fees Under Clayton Act Not Awardable Against Objector To Class Action Settlement Of Antitrust Class Action

Class Action Defense Cases-Howard v. Gutierrez: District Of Columbia Federal Court Denies Motion To Reconsider Ruling Striking Class Action Allegations Holding Delay In Seeking Class Action Certification Was Not Excusable

FACTA Class Action Defense Cases-In re Boscov's Department Store: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects District of New Jersey As Transferee Court

HAPPY THANKSGIVING FROM THE CLASS ACTION DEFENSE BLOG

Class Action Defense Cases-Pisciotta v. Old National Bancorp: Seventh Circuit Upholds District Court Dismissal Of Class Action Seeking Monitoring Of Credit Reports For Failure To Seek Damages Compensable Under Indiana Law

Precertification Discovery Class Action Defense Cases-Putnam v. Eli Lilly: Prior To Certification Of Class Action California Federal Court Compels Defense To Produce Names And Addresses Of Absent Class Members In Labor Law Class Action Case

Class Action Defense Cases-Hall v. Sprint: Illinois State Court Upholds Class Action Treatment Of Class Action Challenging Early Termination Fees Charged Cellular Phone Customers

New Labor Law Class Action Lawsuits Filings Decrease But Employment Claims Continue To Lead Categories Of Class Action Cases Filed In California State And Federal Courts This Past Week

FLSA Class Action Defense Cases—In re Wayne Farms: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District of Mississippi

Class Action Defense Cases-Borochoff v. Glaxosmithkline: New York Federal Court Refuses To Appoint German Institutional Investor Group As Lead Plaintiff and Counsel In Class Action Due To Uncertainty In German Law

Class Action Defense Cases-Employers-Teamsters v. Anchor Capital: Ninth Circuit Dismisses Appeal By Non-Party That Sought Lead Plaintiff Status In Class Action Holding It Lacked Standing To Appeal

Antitrust Class Action Defense Cases-Cordes v. A.G. Edwards: Second Circuit Reverses Denial Of Class Action Certification In Antitrust Class Action Holding Assignees Could Serve As Class Representatives And Predominance Existed

Class Action Defense Cases-In re Elevator Antitrust: Second Circuit Affirms Defense Judgment In Antitrust Class Action Holding That Class Action Complaint Failed To Adequately Allege Facts In Support Of Conspiracy Or Monopoly

New Class Action Lawsuits Alleging Labor Law Violations Retain Top Spot Among Class Action Cases Filed This Past Week In California State And Federal Courts

Class Action Defense Cases-In re Allianz Life: Judicial Panel On Multidistrict Litigation (MDL) Denies Plaintiff's Motion To Centralize Class Action Litigation Agreeing With Defense That Class Actions Need Not Be Coordinated

Class Action Defense Cases-Central States v. Merck-Medco: Second Circuit Reverses Approval Of Class Action Settlement Because Conflict Of Interests Exists Between Class Representatives And Certain Members Of Class

Class Action Defense Cases-In re Vioxx: Louisiana Federal Court Examines E-Discovery Attorney-Client Privilege Issues Arising In Class Action And Other Complex Case Litigation

Microsoft Class Action Defense Cases- Shersher v. Superior Court: California Court Holds Plaintiffs May Seek Restitution In False Representation UCL Class Action Against Microsoft Even Without Direct Contract With Company

TILA/Venue Class Action Defense Cases-Kay v. National Security: Ohio Federal Court Grants Defense Motion To Transfer Venue Of Truth-In-Lending-Act (TILA) Class Action To South Carolina

False Advertising Lawsuit Against Sears, Roebuck Granted Class Action Status by District of Columbia Federal Court

Labor Law Class Action Filings Decline But New Employment Law Class Actions Still Hold Top Spot Among New Class Action Lawsuits Filed In California State And Federal Courts This Past Week

Class Action Defense Cases-In re Schering-Plough: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Unopposed Motion To Centralize Class Action Litigation And Selects District of New Jersey As Transferee Court

Comcast Class Action Defense Cases-Anderson v. Comcast: First Circuit Upholds Comcast Arbitration Clause But Severs Class Action Waiver and Holds Severability of Class Action Waiver Saves Arbitration Agreement from Unconscionability Claim

Securities Class Action Plaintiff Lawyer William Lerach Admits Conspiring To Obstruct Justice And Enters Guilty Plea In Federal Court

MARK YOUR CALENDARS - CLASS ACTION CONFERENCE ON CLASS ACTION FAIRNESS ACT OF 2005 (CAFA) COMING TO PHILADELPHIA

SLUSA Class Action Defense Cases-U.S. Mortgage v. Saxton: Ninth Circuit Affirms District Court Dismissal Of Class Action Finding Securities Fraud Class Action Complaint Fell Within Scope Of SLUSA

Plaintiff Class Action Lawyer William Lerach Pleads Guilty To Federal Conspiracy Charge As Fallout From Criminal Indictment Against Class Action Law Firm Milberg Weiss Continues

Arbitration Class Action Defense Cases-Dale v. Comcast: Eleventh Circuit Holds Class Action Arbitration Waiver Unenforceable And Reinstates Class Action By Subscribers Against Comcast

Class Action Defense Cases-Murphy v. Check ‘N Go: California Appellate Court Upholds Trial Court Order That Class Action Waiver Rendered Arbitration Clause Unenforceable

Class Action Against Sprint Settled with Defense Agreement to Unlock Cell Phones of Departing Customers

Employment Law Class Action Cases Again Predominate New Class Actions Filed In California State And Federal Courts

FDCPA Class Action Defense Cases-Evory v. RJM Acquisitions: Seventh Circuit Consolidates Class Action And Individual Lawsuits To Resolve Nine Difficult FDCPA Questions With Direct Impact On FDCPA Class Actions

Class Action Defense Cases-In re TJX: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In District of Kansas

UPS Class Action Defense Cases-Barber v. United Parcel Services: Alabama Federal Court Grants Defense Motion For Judgment On The Pleadings In Breach Of Contract Class Action Based On FAAAA Preemption And Statute Of Limitations

Class Action Defense Cases-Georgia-Pacific v. Carter: Arkansas Supreme Court Reverses Certification Of Nuisance Class Action Against Georgia-Pacific Holding That Common Issues Did Not Predominate So Class Action Treatment Was Inappropriate

FedEx Class Action Defense Cases-In re FedEx Ground: Indiana Federal Court Certifies Kansas Class Action Under Rule 23(b)(3) And Nationwide ERISA Class Action Under Rule 23(b)(2) In Labor Law Class Action By Drivers Against FedEx

Class Action Defense Cases-Asher v. Baxter International: Seventh Circuit Dismisses Appeal From Court Order Refusing To Certify Class Action As Untimely

DuPont Loses Class Action Lawsuit In West Virginia As Jury Awards $250 Million In Nuisance Class Action Case Alleging Deliberate Dumping Of Heavy Metals

New Labor Law Class Action Lawsuit Retain Firm Grip On Top Spot Of Weekly Class Actions Filed In California State And Federal Courts

Class Action Defense Cases-In re Depo-Provera: Judicial Panel On Multidistrict Litigation (MDL) Denies Plaintiff's Motion To Centralize Class Action Litigation

FACTA Class Action Defense Cases-Ehrheart v. Lifetime Brands: Pennsylvania Federal Court Denies Defense Motion To Dismiss FACTA Class Action Because Class Action Complaint Adequately Alleged Injury And Willful Misconduct

Class Action Defense Issues-Slesinger v. Walt Disney: California Appellate Court Affirms Terminating Sanction For "Deliberate And Egregious" Discovery Misconduct

Class Action Defense Cases-Grider v. Keystone Health: Pennsylvania Federal Court Sanctions Class Action Defense Counsel And Defendants For Bad Faith Conduct

Sharper Image Class Action Defense Cases-Figueroa v. Sharper Image: Florida Federal Court Rejects Class Action Settlement Because Class Counsel Negotiated From Position Of Weakness

Plaintiff Class Action Lawyer Melvyn Weiss Released On $1.5 Million Bond

Weekly Class Action Lawsuit Filings Drop But Labor Law Class Action Cases Remain In Top Spot Of Class Actions Filed In California State And Federal Courts

Class Action Defense Cases-In re Pet Food: Judicial Panel On Multidistrict Litigation (MDL) Grants Motions To Centralize Class Action Litigation And Selects New Jersey As Transferee Court

UCL Class Action Defense Issues-Buckland v. Threshold Enterprises: Plaintiff Who Buys Products For Purpose Of Filing Class Action Has Not Suffered Loss Supporting Dismissal Of UCL/CLRA Class Action California Court Holds

Plaintiff Class Action Lawyer Steven Schulman Of Milberg Weiss Pleads Guilty To Federal Racketeering Charge

Class Action Defense Cases-Clark v. First Union: California Appellate Court Affirms Trial Court Order Vacating Referral Of Certain Class Action Claims To Arbitration And Staying Other Class Action Claims

Court Approves $7 Million Class Action Settlement Ending 5-Year Class Action Against CP Rail Based On Train Derailment And Chemical Spill

Class Action Defense Cases-Gruer v. Merck-Medco: Second Circuit Reverses District Court Order Approving Class Action Settlement Holding Class Action Plaintiffs Were Not Representative Of Class

FLSA Class Action Defense Cases-Zhong v. August August: New York Federal Court Partially Grants Defense Motion To Dismiss Overtime/Minimum Wage Class Action Claims

Merck Strategy Of Fighting For Individual Vioxx Lawsuits Rather Class Action Treatment Again Pays Off With Florida Jury Verdict In Favor Of Defense

CB Richard Ellis Group Class Action Defense Team Settles Sexual Harassment Class Action Lawsuit

Class Action Lawsuit Filings Surge But Labor Law Class Action Cases Retain Firm Grip On Top Spot In Weekly Class Action Lawsuits Filed In California State And Federal Courts

Class Action Defense Cases-In re Wellnx: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Lawsuits But Selects District of Massachusetts As Transferee Court

California Federal Court Grants Class Action Treatment to Lawsuit Challenging Accessibility of Target’s Website to the Blind

Class Action Certification Motion Granted In ADA (Americans With Disabilities Act) California Class Action Against Target Challenging Target Website’s Limited Ability To Utilize Screen-Reading Software Used By The Blind

Wal-Mart Reportedly Hit With Additional $62 Million Damage Award In Pennsylvania Labor Law Class Action Lawsuit

Labor Law Class Action Defense Cases-Estrada v. FedEx: California State Court Upholds Class Action Judgment Against FedEx But Holds $14.4 Million Fee Award Must Be Reduced As Excessive

FDCPA Class Action Defense Cases-Guevarra v. Progressive Financial: California Federal Court Holds Congress Must Address "Ethically Questionable" Conduct of Plaintiff's Counsel In Multiplying Class Action Litigation

Class Action Defense Cases-John v. National Security: Fifth Circuit Upholds District Court Dismissal Of Class Action Allegations Because Class Action Complaint Failed To Plead An Ascertainable Class

Class Action Defense Cases-In re Mutual Fund Market-Timing: Seventh Circuit Holds That It Lacks Jurisdiction To Review District Court Order Remanding Class Action Lawsuits To State Court

Michigan Court Certifies Class Action Against Carlton Farms Based On Odors Emanating From Landfill

New Employment Class Action Lawsuits Again Outnumber Other Class Action Cases Among Weekly Class Action Lawsuits Filed In California State And Federal Courts

FACTA Class Action Defense Cases-In re TJX: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In The District Of Kansas

Class Action Defense Cases-CE Design v. Mortgage Exchange: Illinois State Appellate Court Dismisses Petition Seeking Leave To Appeal Denial Of Class Action Treatment Agreeing With Defense That Petition Was Untimely

FLSA Class Action Defense Cases-Rubery v. Buth-Na-Bodhaige: New York Federal Court Denies Defense Motion To Dismiss Class Action Alleging Violations Of Fair Labor Standards Act (FLSA) As Premature

UCL Class Action Defense Cases-Alvarado v. Selma Convalescent Hospital: California Court Holds That Class Action Alleging Violations Of Unfair Competition Law (UCL) Properly Dismissed Under Doctrine Of Judicial Abstention

Class Action Defense Cases-Blackwell v. SkyWest: California Federal Court Refuses To Certify Labor Law Class Action Against Airline

Class Action Filings Rise But Labor Law Class Action Cases Continue To Lead List Among New Class Action Lawsuits In California State And Federal Courts

Class Action Plaintiff Lawyer Melvin Weiss Indicted Only Days After William Lerach Pleads Guilty To Criminal Conspiracy Charges

Wall Street Journal Reports On Federal Indictment Of Class Action Plaintiff Lawyer Melvyn Weiss On Illegal Kickback Charges

GM-OnStar Class Action Defense Case-In re General Motors OnStar: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Eastern District of Michigan

Securities Fraud Class Action Defense Cases-In re JDS Uniphase: California Federal Court Holds Certain Claims In Securities Fraud Class Action May Proceed To Trial But Grants Defense Summary Judgment Motion As To Most Claims

Wall Street Journal Reports On Criminal Conspiracy Guilty Plea By Class Action Plaintiff Lawyer William Lerach

Vioxx Class Action Defense Cases-Int’l Union v. Merck: New Jersey Supreme Court Reverses Certification Of Nationwide Vioxx Class Action Holding That Common Questions Of Fact Or Law Do Not Predominate And Class Action Not Superior Means For Redress

State and City of New York File Lawsuit Against Merck Seeking Restitution of Medicaid and Prescription-Drug Payments Made for Vioxx

Leading Class Action Plaintiff Lawyer William Lerach To Plead Guilty To Conspiracy In Illegal Kickback Scheme

Class Action Defense Cases-Catalyst v. Kaiser: California Court Upholds Dismissal Of Class Action Because Established Business Relationship Exception Precluded Class Action Complaint Claims Alleging Violations Of The Telephone Consumer Protection Act

CAFA Class Action Defense Cases-Lott v. Pfizer: Seventh Circuit Holds Defense Basis For Erroneous Removal Of Class Action Pursuant To CAFA (Class Action Fairness Act of 2005) Was Objectively Reasonable So Sanction Award Was Improper

Employment Law Class Action Cases Only Category To Break 10% Threshold Of New Class Action Filings In California State And Federal Courts

FACTA Class Action Defense Cases-In re Charlotte Russe: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Central District of California

SLUSA Class Action Defense Cases-Disher v. Citigroup: Illinois Federal Court Holds Securities Class Action Must Remanded To State Court But Holds Further That SLUSA Bars Prosecution Of Class Action Claims

FLSA Class Action Defense Cases-De Leon-Granados v. Eller & Sons: Eleventh Circuit Holds That Agricultural Worker Protection Act (AWPA) Class Action May Be Certified Independent Of FLSA Class Action Claims

Arbitration Class Action Defense Cases-Dale v. Comcast: Eleventh Circuit Distinguishes Prior Cases Upholding Class Action Waivers And Holds Class Action Waiver And Arbitration Clause Unconscionable

Kansas Federal Court Gives Final Approval to $57 Million Class Action Settlement In Labor Law Class Action Against Sprint Alleging Discriminatory Firing Of Employees Over Age 40

Tobacco Class Action Defense Cases-Good v. Altria Group: First Circuit Holds That Class Action Claims Challenging "Light" And "Low Tar" Labels Not Preempted By Federal Law And Reverses Dismissal Of Class Action

Labor Law Class Actions Continue To Lead List Of New Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re Vonage: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Motion To Centralize Class Action Litigation In District of New Jersey

Merrill Lynch Defense Team Settles Class Action Lawsuits For $133 Million

Arbitration Class Action Defense Cases-Gatton v. T-Mobile: California Court Holds Class Action Waiver Renders Arbitration Clause Unconscionable And Unenforceable Despite Consumer Alternatives To Services From Defendant

FLSA Class Action Defense Cases-Parker v. Rowland: Minnesota District Court Adopts Eleventh Circuit Holding That Conditional Class Action Certification Of FLSA Class Action Requires Proof That Other Class Members Want To Opt In

Circuit City Class Action Defense Case-Gentry v. Superior Court: California Supreme Court Invalidates Class Action Waiver In Arbitration Clause As Against Public Policy And Concludes Arbitration Clause Procedurally Unconscionable Despite Right To Opt Out

FLSA Class Action Defense Cases-In re Tyson Foods: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects Middle District Of Georgia As Transferee Court

15 U.S.C. § 78gg—Separability Of Statutory Provisions Of The Federal Private Securities Litigation Reform Act (PSLRA)

Yet Again Employment Law Class Actions Lead List Of New Class Action Filings In California State And Federal Courts

California Supreme Court Rejects Class Action Arbitration Waiver In Employment Contract

Class Action Defense Cases-In re Household Goods: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Unopposed Motion To Centralize Class Action Litigation In District of South Carolina

Class Action Defense Cases-CE Design v. Mortgage Exchange: Illinois Court Grants Defense Motion To Dismiss Appeal From Refusal To Certify Class Action For Lack Of Jurisdiction

Class Action Plaintiff Lawyer William Lerach Retires From Practice To Focus On Potential Criminal Charges Connected With Indictment Of Milberg Weiss Law Firm

PSLRA Class Action Defense Cases-Central Laborers’ v. Integrated Electrical: Fifth Circuit Holds Class Action Complaint Failed To Adequately Plead Scienter Under PSLRA And Leave To Amend Class Action Complaint Properly Denied

MARK YOUR CALENDARS - CLASS ACTION CONFERENCE COMING TO LOS ANGELES

FACTA Class Action Defense Cases-Arcilla v. Adidas: California Federal Court Rejects Defense Challenge To Constitutionality Of FACTA And Permits Class Action To Proceed Past Pleading Stage

Class Action Defense Cases-Arias v. Superior Court: California Court Holds State Unfair Competition Law (UCL) Representative Claims Must Be Brought As Class Action Because UCL Suits Must Comply With Class Action Statute

15 U.S.C. § 78ff—Penalties Under The Federal Private Securities Litigation Reform Act (PSLRA) Governing Individual And Class Action Securities Lawsuits For False And Misleading Statements And Failure To File Documents

Labor Law Class Actions Easily Retain Top Spot In Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re Depo-Provera: Judicial Panel On Multidistrict Litigation (MDL) Agrees with Defense And Denies Motion To Centralize Personal Injury Cases With Class Action Litigation

FDCPA Class Action Defense Cases–Gonzales v. Arrow Financial: California Federal Court Holds Debt Collection Letter Violated FDCPA And California Rosenthal Act And Denies Defense Motion To Decertify Class Action

CAFA Class Action Defense Cases–Babasa v. LensCrafters: Ninth Circuit Holds Defense Knew Damages Sought In Labor Law Class Action Exceeded Jurisdictional Limit Under Class Action Fairness Act So Removal Was Untimely

Arbitration Class Action Defense Cases-Douglas v. U.S. District Court: Ninth Circuit Holds Class Action Plaintiff Cannot Be Compelled To Arbitrate Class Action Dispute Against Long Distance Telephone Service Carrier If Not Told Of Contract Modifications

Arbitration Class Action Defense Cases--Shroyer v. New Cingular: Ninth Circuit Holds Class Action Arbitration Waiver Unconscionable Under California Law And Federal Arbitration Act Does Not Preempt Enforceability Of Class Action Waiver Provision

15 U.S.C. § 78ee—Transaction Fees And The Federal Private Securities Litigation Reform Act (PSLRA) Governing Individual And Class Action Lawsuits For Securities Fraud

New Labor Law Class Action Complaints Regain Sole Possession Of Top Spot In Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re C.H. Robinson: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Motion To Centralize Class Action Litigation And Selects District of Minnesota As Transferee Court

MARK YOUR CALENDARS - CLASS ACTION DEFENSE CONFERENCE COMING TO NEW YORK

UCL Class Action Defense Cases- Akkerman v. Mecta Corp.: California Court Upholds Denial Of Class Action Treatment For Class Action Complaint Premised On False Advertising/Unfair Competition Law (UCL) Violations

FedEx Settles Class Action – California Federal Court Gives Final Approval To Settlement Of Class Action Alleging Race Discrimination

RESPA Class Action Defense Cases-Pierce v. NovaStar: Washington Federal Court Rejects Defense Claim In RESPA Class Action That NovaStar Purchased Loans On Secondary Market But Finds Triable Issues As To Whether Lender Violated RESPA

Class Action Defense Cases-Adams v. Southern Farm: Eleventh Circuit Holds Class Action Plaintiffs Bound By Settlement Of Prior Class Action Compelling Dismissal Of Class Action Complaint On Grounds Of Res Judicata

Class Action Defense Cases-In re WorldCom: Second Circuit Reverses Judgment In Favor Of Defense Holding That Class Action Lawsuits Tolled Statutes Of Limitation For Claims By Putative Class Members Who Filed Individual Actions

Class Action Defense Cases-Buell v. Direct General: Florida Federal Court Dismisses Class Action Complaint And Holds No Private Right Of Action Exists Under Florida Statutes Section 626.954(1)(z)

15 U.S.C. § 78dd-3— Prohibited Foreign Trade Practices By Persons Other Than Issuers Or Domestic Concerns Under The Federal Private Securities Litigation Reform Act (PSLRA) Governing Individual And Class Action Lawsuits For Securities Fraud

Class Action Defense Cases-Arias-Benn v. State Farm: Fifth Circuit Holds Class Action Claims Against Insurer For Damages Caused By Hurricane Katrina Properly Dismissed For Failure To State A Claim

Unfair Competition Law (UCL) Class Action Lawsuits Tie Labor Law Class Action Lawsuits In Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re Pilgrim’s Pride: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Actions In Western District of Arkansas

Class Action Defense Cases-In re ConAgra Peanut Butter: Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Lawsuits And Selects Northern District of Georgia As Transferee Court

Class Action Defense Cases-Schulz v. Neovi Data: California Court Affirms Defense Judgment In Class Action As To Certain Defendants But Grants Plaintiff Leave To Amend Class Action Claims Against Other Defendants

Tobacco Class Action Defense Cases-In re Tobacco Cases: California Supreme Court Holds That Federal Law Preempts State Unfair Competition Law (UCL) Class Action Against Tobacco Companies

Plaintiff Class Action Law Firm Milberg Weiss Named As Defendant In Class Action Filed By Former Class Members

CAFA Class Action Defense Cases-Falcon v. Philips Electronics: New York District Court Holds Plaintiff's Lawyer Not Entitled To Go "Fishing" For New Class Representative And Dismisses Class Action For Lack Of Jurisdiction

Home Depot Class Action Defense Case-Kitzes v. Home Depot: Illinois Court Holds Denial Of Class Action Was Not Improper Because Individual Issues Would Predominate Over Common Questions Of Fact

15 U.S.C. § 78dd-2—Prohibited Foreign Trade Practices By Domestic Concerns Under The Federal Private Securities Litigation Reform Act (PSLRA) Governing Individual And Class Action Securities Lawsuits

New Class Action Lawsuits Alleging Labor Law Violations Continue To Top Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re Farmers Insurance Exchange: Ninth Circuit Rejects "$3,000 Rule" Created By District Court In FLSA Class Action

Class Action Defense Cases-In re Wells Fargo: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Two Class Action Lawsuits But Selects Northern District of California As Transferee Court

Microsoft Class Action Defense Case-Odom v. Microsoft: Ninth Circuit Overrules Prior Circuit Law Defining "Enterprise" Under RICO And Reverses District Court Order Dismissing Class Action Complaint

FDCPA Class Action Defense Case-Griffith v. Javitch: Ohio Federal Court Holds Pre-Certification Notice To Putative Class Of Dismissal Of Class Action Not Required Because No Evidence Of Reliance Or Prejudice

WorldCom Class Action Defense Case: Second Circuit Holds Class Action Complaint Tolls Statute Of Limitations Of Putative Class Members Who File Individual Suits Prior To Certification Of Class Action

Class Action Defense Cases-Pastor v. State Farm: Seventh Circuit Affirms Refusal To Certify Class Action Holding Individual Fact Issues Predominate Over Common Questions Rendering Class Action Treatment Unmanageable

15 U.S.C. § 78dd-1—Prohibited Foreign Trade Practices By Issuers Under The Federal Private Securities Litigation Reform Act (PSLRA) Governing Individual And Class Action Securities Lawsuits

New Labor Law Class Action Complaints Top Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re Trade Partners: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Western District Of Michigan

Amex Class Action Defense Cases-Aviation Data v. American Express: California Court Holds Defense Misrepresentations Warrant Rejection Of Class Action Settlement And Waiver Of Right To Arbitrate

MARK YOUR CALENDARS - CLASS ACTION DEFENSE CONFERENCE COMING TO PHOENIX

Allstate Class Action Defense Case-Allstate v. Superior Court: California Circuit Holds That "Made Whole" Rule Does Not Require Insured Recover Attorney Fees Before Insurer Can Demand Reimbursement Of Policy Benefits Previously Paid

PSLRA Class Action Defense Cases-Baker v. MBNA: Delaware Federal Court Grants Defense Motion To Dismiss One Count In Class Action Complaint Against Two Individuals Only But Otherwise Denies Motion

PSLRA Class Action Defense Cases-Tellabs v. Makor: Supreme Court Holds In Securities Class Action That "Strong Inference" Of Scienter Under PSLRA Requires "More Than Merely Plausible Or Reasonable" Inference

15 U.S.C. § 78dd—Foreign Securities Exchanges And The Federal Private Securities Litigation Reform Act (PSLRA) Governing Individual And Class Action Lawsuits For Securities Fraud

Despite Large Drop In New Class Action Filings Labor Law Class Action Complaints Again Lead Weekly Class Action Filings

Class Action Defense Cases-In re TJX Security Breach: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Motion To Centralize Class Action Lawsuits And Agrees District of Massachusetts Is Appropriate Transferee Court

FDCPA Class Action Defense Cases-Meselsohn v. Lerman: New York Federal Court Denies Defense Motion To Dismiss Class Action Under Fair Debt Collection Practices Act (FDCPA) Holding Collection Letter Complied With Statute But Required Transitional Language

Class Action Defense Cases-Villanueve-Bazaldua v. TruGreen: Delaware Federal Court Denies Conditional Class Action Certification Of FLSA Class Action Holding Plaintiff Not "Similarly Situated" to Putative Class

FLSA Class Action Defense Case-Sherrill v. Sutherland Global: New York Federal Court Holds Conditional Certification Of FLSA (Fair Labor Standards Act) Collective Action Warranted But Limits Scope Of Proposed Class

Arbitration Class Action Defense Case-DiFiore v. American Airlines: Federal Court Rejects Defense Effort To Compel Arbitration With Class Action Plaintiffs Based On Agreement With Co-Defendant

15 U.S.C. § 78cc—Validity Of Contracts Statutes Under The Federal Private Securities Litigation Reform Act (PSLRA) For Individual And Class Action Securities Lawsuits

Washington State Joins Growing List of Jurisdictions Invalidating Class Action Waivers

New Employment Law Class Action Cases Yet Again Lead List Of Class Actions Filed In California State And Federal Courts During Past Week

Class Action Defense Cases-In re Mirapex: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects District of Minnesota As Transferee Court

Class Action Defense Cases-McAdams v. Monier: California Circuit Holds Class Action May Be Certified Based On "Inference" Of Reliance By Class Members So Trial Court Erred In Denying Motion To Certify Class Action

Employment Class Action Defense Cases-Jenkins v. BellSouth: Eleventh Circuit Holds District Court Cannot Avoid 10-Day Deadline For Seeking Interlocutory Review of Class Action Certification Order By Vacating And Reentering Order

Class Action Defense Cases-Seastrom v. Neways: California Appellate Court Affirms Order Refusing To Certify Class Action Because Putative Class Representatives Were Potential Defendants In The Same Action

Fidelity Class Action Defense Case-Lentini v. Fidelity: Connecticut Federal Court Grants Defense Motion To Dismiss Class Action Complaint Claims For Fraud And Unfair Business Practices But Grants Leave To File Amended Class Action Complaint

15 U.S.C. § 78bb—Effect Of The Federal Private Securities Litigation Reform Act (PSLRA) Governing Individual And Class Action Lawsuits For Securities Fraud On Existing Law

Labor Law Class Action Cases Again Account For 60% Of New Class Actions Filed In California State And Federal Courts

Class Action Defense Cases-In re Kugel Mesh: Judicial Panel On Multidistrict Litigation (MDL) Rejects Defense Opposition To Centralization Of Class Action Lawsuits And Selects District of Rhode Island As Transferee Court

Class Action Defense Cases-Alvarez v. Pappas: Illinois Appellate Court Holds Class Action Properly Dismissed Because Claims To Recover Duplicate Property Tax Payments Are Subject To Five Year Statute Of Limitations

SLUSA Class Action Defense Cases-Instituto v. Lehman Brothers: Pension Manager Lawsuits Constituted “Covered Class Action” Under Securities Litigation Uniform Standards Act Florida Federal Court Holds

Class Action Defense Cases-Hnot v. Willis Group: New York Federal Court Denies Defense Motion To Reconsider Order Certifying Class Action Because New Second Circuit Authority Governing Class Action Certification Had Been Satisfied

Class Action Defense Cases-Great Plains Trust v. Union Pacific: Eighth Circuit Affirms Dismissal Of Class Action Agreeing With Defense That Class Action Claims Are Time-Barred

Class Action Defense Cases- In re Mutual Funds: Maryland Federal Court Grants Defense Motion To Dismiss Class Action Claims As Time-Barred Holding That Publicity Placed Class Action Plaintiffs On Inquiry Notice Of Claims

15 U.S.C. § 78aa-1—Statutes Of Limitation In Securities Class Action Lawsuits Under The Federal Private Securities Litigation Reform Act (PSLRA)

More Than 60% Of New Class Action Cases Involve Employment-Related Claims In Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re Motor Fuel: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Lawsuits But Selects District of Kansas As Transferee Court

Lanham Act Class Action Defense Cases-Phoenix v. McDonald's: District Court Properly Granted Defense Motion To Dismiss Lanham Act Class Action For Lack Of Prudential Standing Eleventh Circuit Holds

Class Action Defense Cases-Bendzak v. Midland: Iowa District Circuit Consolidates Class Action Lawsuits Sua Sponte Finding Class Actions Satisfied Requirements Of FRCP Rule 42

Class Action Defense Cases--Du Bouse v. Bayer: Illinois Appellate Court Dismisses Appeal From Class Action Certification Order For Lack Of Jurisdiction Because Defense Failure To Monitor Court Docket Did Not Expand Jurisdictional Appeal Period

TILA Class Action Defense Cases-Andrews v. Chevy Chase: Wisconsin Federal Court Certifies Lawsuit As Class Action And Holds Lender Violated TILA And That Class Action Complaint May Seek Rescission And Attorney Fees

15 U.S.C. § 78aa—Jurisdiction Over Offenses And Suits Under The Federal Private Securities Litigation Reform Act (PSLRA)

Removal Class Action Defense Cases- Levitanksy v. FIA: Ohio Federal Court Holds That Putative Class Action Stated Breach Of Contract Claim Warranting Remand Of Class Action Complaint To State Court

Labor Law Class Action Cases Regain Top Spot In New Class Action Filings In California State And Federal Courts

Class Action Defense Cases-Payday v. Findwhat.Com: New York Federal Court Grants Defense Motion In Click-Fraud Class Action To Dismiss Unjust Enrichment, Negligence And Civil Conspiracy Claims But Denies Motion As To Breach Of Contract Claim

Class Action Defense Cases-Day v. Check Brokerage: Illinois Federal Court Holds That Class Action Rule 23(a)(1) Numerosity Test Does Not Require Exact Number And Debt Collection Letters Presented Common Questions Of Fact And Law

Credit Suisse Class Action Defense Case-Credit Suisse v. Billing: Supreme Court Holds Antitrust Class Action Based On Syndicate Conduct In Sale Of IPOs Barred Because "Clearly Incompatible" With Securities Laws

FACTA Class Action Defense Cases-Spikings v. Cost Plus: Certification Of Class Action Rejected For Technical Violation Of Fair And Accurate Credit Transactions Act Because Class Action Treatment Would Subject Defendant To Disproportionate Liability

FACTA Class Action Defense Cases-Soualian v. International Coffee & Tea: California Federal Court Denies Plaintiff’s Motion To Certify Class Action In Fair And Accurate Credit Transactions Act (FACTA) Suit

15 U.S.C. § 78z--Congressional Provisions Regarding Unlawful Representations Under The Private Securities Litigation Reform Act (PSLRA)

Surge in Unfair Competition Law Class Action Cases Drop Labor Law Cases To Second Spot Among New Class Action Filings In California State And Federal Courts

Class Action Defense Cases-Hollins v. Debt Relief: Nebraska Federal Court Denies Defense Motion To Compel Arbitration Of RICO Class Action Holding Arbitration Clause Unenforceable

Class Action Defense Cases-Doiron v. Conseco Health: Louisiana Federal Court Agrees With Defense That Rule 23(b)(1) and (b)(2) Class Action Could Not Be Certified But Certifies Class Action Against Health Insurer Under Rule 23(b)(3)

Watson v. Philip Morris-Class Action Defense Issues: U.S. Supreme Court Rejects Tobacco Company Argument That Heavily Regulated Industry Falls Within Scope of Federal Officer Removal Statute

Class Action Defense Cases-Belaire-West v. Superior Court: California Appellate Court Subordinates Employees' Privacy Rights To Class Action Plaintiff's Request For Their Personal Contact Information

Class Action Defense Cases-Berenson v. National Financial: First Circuit Dismisses Interlocutory Appeal In Class Action For Lack Of Jurisdiction

15 U.S.C. § 78y--Congressional Provisions Regarding Court Review Of Orders and Rules Pursuant To The Private Securities Litigation Reform Act (PSLRA)

Labor Law Class Action Cases Reclaim Top Spot Among New Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re Pilgrim’s Pride: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation And Selects Western District of Arkansas As Transferee Court

Class Action Defense Case-Brieger v. Tellabs: Illinois Federal Court Denies Defense Motion For Summary Judgment In ERISA Class Action

FCRA Class Action Defense Cases-Safeco Insurance v. Burr: U.S. Supreme Court Holds Willful Misconduct Under Fair Credit Reporting Act Includes Reckless Disregard But Insurers Did Not Violate FCRA

FCRA Class Action Defense Cases-Gillespie v. Equifax: Seventh Circuit Reverses Summary Judgment In Favor Of Defense In FCRA Class Action Holding Disclosures Were Accurate But Not Clear

Class Action Defense Cases-Sanford v. MemberWorks: Ninth Circuit Holds District Court Erred In Failing To Determine Existence of Membership Contract Prior To Compelling Arbitration But Correctly Dismissed Class Action Complaint Against Co-Defendants

15 U.S.C. § 78x—Public Availability Of Information Pursuant To The Private Securities Litigation Reform Act (PSLRA)

Class Action ADA Claims Supplant Labor Law Class Action Cases In California Weekly Filings

Class Action Defense Cases-In re Imagitas: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects Middle District Of Florida As Transferee Court

Class Action Defense Issues-Ledbetter v. Goodyear: Divided Supreme Court Holds Statute Of Limitations For Title VII Pay Discrimination Claims Begins To Run When Discriminatory Act Occurs

Class Action Defense Cases-Neary v. Metropolitan Property: Connecticut Federal Court Grants Defense Motion In FLSA Class Action To Dismiss Class Action Claims Based On State Wage And Hour Laws

Class Action Defense Cases-Mooney v. Allianz Life: Minnesota Court Certifies Class Action Holding Class Action Premised On State Consumer Fraud Laws And Common Law Unjust Enrichment Could Be Applied To Non-Resident Class Members

Federal Court Order Certifying Securities Class Action Against Vivendi Revised And Officially Published

Class Action Defense Cases-Interinsurance v. Superior Court: Defense Entitled To Judgment In Class Action Because Interest Charged On Installment Payments For Auto Policy Was Not A "Premium" Under California Law

Class Action Defense Cases-In re Intel: Delaware Federal Court Holds Sherman Act Class Action Claims Premised On Foreign Conduct Barred By Foreign Trade Antitrust Improvements Act (FTAIA)

15 U.S.C. § 78w—Rules, Regulations, Orders And Annual Reports Under The Private Securities Litigation Reform Act (PSLRA)

Labor Law Class Action Filings Continue Streak As Top Category Of New Class Action Filings In California State And Federal Courts

Class Action Defense Cases-In re Midland National Life: Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Lawsuits But Selects Central District of California As Transferee Court

Class Action Defense Cases-Bell Atlantic v. Twombly: Supreme Circuit Holds Allegations Of Parallel Conduct Unfavorable To Competition Insufficient To Survive Motion To Dismiss Absent Facts Evidencing Agreement Rather Than Identical Independent Action

Class Action Defense Cases-Barasich v. Columbia Gulf: Louisiana Federal Court Grants Defense Motion To Dismiss Class Action Alleging Defendants Damaged Marshlands Thus Contributing To Hurricane Damage

Class Action Defense Cases-Lee v. Southern California: Class Action Plaintiff In Putative CLRA/UCL Class Action Not Bound By Arbitration Agreements Signed By Class Members California Court Holds

Class Action Defense Cases-Oscar v. Allegiance: Fifth Circuit Holds That Loss Causation Must Be Established To Certify Securities Fraud Class Action And Criticizes Efficient Market Theory

15 U.S.C. § 78v—Commission Hearings Under The Private Securities Litigation Reform Act (PSLRA)

New Class Action Filings Drop But Labor Law Class Action Lawsuits Continue To Top Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases—In re TFT-LCD: Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Litigation And Selects Northern District of California As Transferee Court

Class Action Defense Cases-Davis v. O’Melveny & Myers: Ninth Circuit Reverses Order Dismissing Labor Law Class Action And Compelling Arbitration Holding Arbitration Clause Unconscionable

Class Action Defense Cases-Lindstrom v. City of Des Moines: Court Rejects Defense Effort To Remove Class Action To Federal Court Holding Class Action Claims Not Preempted By Federal Cable Act

Class Action Defense Cases-Bellikoff v. Eaton Vance: Second Circuit Affirms Judgment For Defense In Investment Company Act Class Action Holding That No Private Rights Of Action Exist For Claimed Violations Of The Act

Class Action Defense Cases-Cole v. General Motors: Fifth Circuit Agrees With Defense That Lower Court Erred In Certifying Nationwide Class Action Because Of Numerous Differences In Several Jurisdictions

Class Action Defense Cases-Bishop v. Heartland Services: Kansas Federal Court Rejects Defense Opposition To Conditional Certification Of FLSA (Fair Labor Standards Act) Class Action

15 U.S.C. § 78u-5—Safe Harbor For Forward-Looking Statements Under The Private Securities Litigation Reform Act (PSLRA)

Class Action Lawsuits Alleging Employment-Related Claims Again Lead Weekly Class Action Filings In California State And Federal Courts As No Other Class Action Category Meets 10% Threshold

Class Action Defense Cases—In re Orthopaedic Implant: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District of Indiana As Transferee Court

Class Action Defense Cases-Omstead v. Dell: California Federal Court Grants Defense Motion To Stay Class Action Litigation And Compel Arbitration Where Arbitration Clause Contains Class Action Waiver

TILA Class Action Defense Cases-Andrews v. Chevy Chase: Wisconsin Court Grants Defense Request For Stay Of Class Action Pending Appellate Review Of Order Certifying Federal Truth-In-Lending Act (TILA) Lawsuit As A Class Action

Class Action Defense Cases—In re Graphics Processing: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Motion To Centralize Class Action Litigation And Agrees Northern District of California Is Appropriate Transferee Court

CAFA Class Action Defense Cases-Atteberry v. Esurance: Illinois Federal Court Remands Class Action To State Court Finding Defense Failed To Establish Requisite Amount In Controversy

15 U.S.C. § 78u–4--Congressional Provisions Applicable To Private Securities Litigation Pursuant To The Private Securities Litigation Reform Act (PSLRA)

Labor Class Action Lawsuits Again Lead Weekly New Class Action Filings In California State And Federal Courts

Class Action Defense Cases-Grays v. Carrier: Washington Federal Court Rejects Defense Arguments Against Certification Of Class Action Holding The Presumption Of Reliance Applied In This Fraud Class Action

Class Action Defense Cases-Fireside Bank v. Superior Court: California Court Reaffirms Importance Of One-Way Intervention Rule In Class Action Alleging Fair Debt Collection And Unfair Competition Violations

Class Action Defense Cases-Barnes v. First American: Ohio Federal Court Denies Motion To Amend Class Action Complaint To Substitute New Class Representatives

Wal-Mart Class Action Defense Case-Savaglio v. Wal-Mart: Records Filed With Court In Labor Law Class Action Were Not Properly Sealed Thus Entitling News Agency To Access To Records Filed "Conditionally Under Seal" In Class Action California Court Holds

Class Action Defense Cases-Shaw v. Marriott: Federal Court Holds Class Action Under District Of Columbia Unfair Business Practice Laws Properly Brought In United States And Survives Motion To Dismiss

24 CFR § 3500.21—Transfer Of Mortgage Servicing Under

Labor Law Class Action Filings Continue To Dominate New Class Action Cases Facing California Defense Attorneys

Class Action Defense Cases-Bodner v. Oreck: California Federal Court Refuses To Certify Class Action And Criticizes Ethics Of Plaintiff’s Counsel Westrup, Klick

FLSA Class Action Defense Cases-Yi v. Sterling Collision: Seventh Circuit Affirms Summary Judgment In Favor Of Defense In FLSA (Fair Labor Standards Act) Class Action Case Based On Commission Exemption To Overtime Pay

Class Action Defense Cases-Rosen v. Ingersoll-Rand: Illinois Appellate Court Affirms Denial Of Leave To Intervene In Class Action For Purpose Of Objecting To Proposed Class Action Settlement

MARK YOUR CALENDARS – CLASS ACTION DEFENSE CONFERENCE COMING TO SAN FRANCISCO

CAFA Class Action Defense Cases-Lowdermilk v. U.S. Bank: Ninth Circuit Holds Class Action Fairness Act (CAFA) Requires Defense Prove Certainty of Jurisdictional Amount For Removal When Class Action Claims Less Than $5 Million

Amex Class Action Defense Cases-Sanchez v. American Express: Illinois Court Affirms Summary Judgment In Favor Of Defense In Unfair Business Practice Class Action

24 CFR § 3500.18 and § 3500.19—Validity Of Contracts And Liens And Enforcement Proceedings Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Once Again Labor Law Class Action Lawsuits Lead Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-Warlop v. Lernout: Massachusetts Federal Court Grants Defense Motion To Dismiss Securities Class Action On Grounds Of Forum Non Conveniens

Class Action Defense Issues-Murphy v. Kenneth Cole: California Supreme Court Holds Three-Year Limitations Period Applies To Labor Code § 226.7 Additional Pay Awards

Class Action Defense Cases-Griffith v. Javitch: Ohio Court Holds Debtor’s Federal Fair Debt Collection Practices Act (FDCPA) Class Action Claim Belongs To Bankruptcy Trustee And Approves Settlement Of Individual Claim

Class Action Defense Cases-Phason v. Meridian Rail: Federal WARN Act Applies If Employer Terminates Employees Before Sale Of Assets Closes Warranting Reversal Of Judgment In Favor Of Defense In Class Action Seventh Circuit Holds

Class Action Defense Issues--California Supreme Court Holds That Additional Hour Of Pay Under Labor Code Is Subject To 3-Year Statute Of Limitations

Merck Class Action Defense Cases-In re Merck: New Jersey Federal Court Grants Defense Motion To Dismiss Securities Fraud Class Action Finding Class Action Claims Barred By Statute Of Limitations

Class Action Defense News: New Jersey Federal Court Holds Securities Fraud Class Action Against Merck Time-Barred

24 CFR § 3500.17—Escrow Accounts Under Regulation X (Real

New Employment Law Class Action Lawsuits Continue To Dominate Weekly Class Action Filings In California State And Federal Courts

Class Action Defense Cases-Lessard v. City of Allen Park: Michigan Federal Court Rules In Favor Of Cy Pres Distribution of Unclaimed Class Action Settlement Funds

Class Action Defense Cases—In re Vonage IPO: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In District of New Jersey

TILA Class Action Defense Cases-Carye v. Long Beach: Massachusetts Federal Court Dismisses Individual Rescission Claims In TILA Class Action But Denies Defense Request To Dismiss Class Action Claim And Motion To Sever

Tobacco Class Action Defense Cases-Dahl v. R.J. Reynolds: Eighth Circuit Reverses Denial Of Motion To Remand Class Action To State Court

FDCPA Class Action Defense Cases-Taylor v. Quall: California Federal Court Partially Grants Defense Motions To Strike And For Summary Judgment In Class Action Alleging FDCPA (Fair Debt Collection Practices Act) Violations

ADA Class Action Defense Cases-Ligas v. Maram: Seventh Circuit Affirms Denial Of Request To Intervene In Class Action Under Federal Americans With Disabilities Act (ADA)

Bally Class Action Defense Cases-Phillips v. Bally Total Fitness: Illinois State Court Affirms Dismissal Of Named Plaintiffs From Class Action Litigation Based On Lack Of Standing

24 CFR § 3500.16—Title Companies Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Labor Law Class Action Lawsuits Again Lead Weekly California State And Federal Court Class Action Filings

Webloyalty.com Class Action Defense Case—In re Webloyalty.com: Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Litigation In The District Of Massachusetts

Class Action Defense Cases—In re National Security Agency: Judicial Panel On Multidistrict Litigation (MDL) Denies Requests To Exclude Class Actions From Coordinated/Consolidated Pretrial Proceedings In The Northern District Of California

State Farm Class Action Defense Cases-Rios v. State Farm: Iowa Federal Circuit Denies Defense Motion To Strike Nationwide Class Action Allegations From Complaint

RESPA Class Action Defense Cases-Benway v. Resource Real Estate Services: Maryland Federal Court Rejects Defense Arguments And Certifies Class Action Under RESPA (Real Estate Settlement Procedures Act)

PSLRA Class Action Defense Cases-In re EVCI Colleges: New York Federal Court Holds Safe Harbor Provision In Private Securities Litigation Reform Act (PSLRA) Inapplicable At Pleading Stage Of Securities Fraud Class Action

CAFA/Hurricane Katrina Class Action Defense Case-Caruso v. Allstate: Removal Of Class Action Proper Under Class Action Fairness Act (CAFA) And Plaintiffs Failed To Establish Local Controversy Exception To Removal

24 CFR § 3500.15—Regulations Concerning Affiliated Business Arrangements Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Class Action Lawsuits Involving Labor Law Claims Again Lead Weekly California State And Federal Court Class Action Filings

Class Action Defense Cases—In re MERSCORP: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Motion Unopposed By Defense Attorneys To Centralize Class Action Litigation

Vioxx Class Action Defense Cases - Merck Defense Team Wins Vioxx Case In Madison County, Illinois Giving It Ten Victories Against Five Defeats

PSLRA Class Action Defense Cases--In re Vivendi Universal: Federal Court Certifies Securities Class Action Against Vivendi

SLUSA Class Action Defense Cases-In re Lord Abbett: Federal Court Grants Defense Motion To Dismiss Class Action Complaint With Prejudice Holding SLUSA Preemption Of One Claim Requires Dismissal Of Entire Class Action

Amex Class Action Defense Case-Ross v. American Express: Federal Arbitration Act (FAA) Permits Appellate Review Where District Court Finds Signatory To Written Arbitration Agreement Equitably Estopped From Avoiding Arbitration With Nonsignatory

Class Action Defense Cases-Teachers’ Retirement v. Hunter: Fourth Circuit Affirms Dismissal of Securities Class Action Based On Heightened Pleadings Requirements Under Federal Private Securities Litigation Reform Act (PSLRA)

Vioxx Class Action Defense Case-Sinclair v. Merck: New Jersey Appellate Court Reinstates Vioxx Class Action Against Merck For Development Of Evidence Regarding Availability Of Medical Monitoring As Relief

24 CFR § 3500.14— Prohibition Against Kickbacks And Unearned Fees Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Surge In Labor Law Class Action Lawsuits In Weekly California State And Federal Court Class Action Filings As Employment Class Action Cases Account For Nearly Half Of New Class Actions

24 CFR § 3500.13—Questions Or Suggestions From Public And Copies Of Public Guidance Documents Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

State Farm/Hurricane Katrina Class Action Defense Cases—Guice v. State Farm: Mississippi Federal Court Rejects Effort To Certify “Slab Case” Class Action Against State Farm Due To Lack Of Typicality

Enron Class Action Defense Case-Regents v. Credit Suisse: Certification Of Securities Class Action Seeking $40 Billion Overturned By Fifth Circuit Because Classwide Presumption Of Reliance Did Not Apply

Microsoft Class Action Defense Case-In re Microsoft I-V Cases: California Appellate Court Affirms Cy Près Provision Of $1 Billion Class Action Settlement

CAFA Class Action Defense Cases-Progressive West v. Preciado: Class Action Fairness Act Of 2005 (CAFA) Does Not Permit Cross-Defendant To Remove Class Action Cross-Complaint Ninth Circuit Holds

CAFA Class Action Defense Cases-McAtee v. Capital One: Ninth Circuit Holds That Naming Doe Defendant Does Not Commence New Action For Purposes Of Class Action Fairness Act Of 2005 (CAFA)

24 CFR § 3500.12—Regulations Restricting Fees Charged By Lenders In Connection With Federally-Related Mortgage Loans Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Employment Law Class Action Lawsuits Regain Top Spot In Weekly California State And Federal Court Class Action Filings

24 CFR § 3500.11—Mailing Of Documents Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Class Action Defense Cases—In re CitiFinancial: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Motion Supported By Defense To Centralize Class Action Litigation In Northern District of Illinois

Class Action Defense Cases-In re Lycoming Crankshaft: Judicial Panel On Multidistrict Litigation (MDL) Denies Defense Request To Centralize Class Action Litigation In The Eastern District of Pennsylvania

CertainTeed Class Action Defense Case—In re CertainTeed: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Motion To Centralize Class Action Litigation But Selects Northern District of Illinois As Transferee Court

Milberg Weiss Class Action Defense Case-In re New Motor Vehicles: Federal Court Removes Milberg Weiss As Lead Counsel In Multimillion Dollar Antitrust Class Action Litigation

Class Action Defense Cases-Sperry v. Crompton: New York Law Precludes Class Action Lawsuits That Seek To Collect Penalties Unless Expressly Allowed By Statute

Class Action Defense Cases-Hall v. County of Los Angeles: Defense Properly Granted Summary Judgment In Sex Discrimination Labor Law Class Action Against County California Court Holds

TILA Class Action Defense Cases-McKenna v. First Horizon: First Circuit Holds As Matter Of First Impression That Rescission Relief Under Federal Truth In Lending Act (TILA) Not Appropriate For Class Action Treatment

Antitrust Class Action Lawsuits Wrest Top Spot From Labor Law Class Action Cases In Weekly California State And Federal Court Class Action Filings

24 CFR § 3500.10— One-Day Advance Inspection Of HUD-1 Or HUD-1A Settlement Statement; Delivery; Recordkeeping Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Defense Attorneys Successfully Stave Off Labor Law Class Action Against Wal-Mart Alleging Failure To Provide Employees Breaks And Pay Overtime In Illinois State Court Case

24 CFR § 3500.9—Reproduction of Settlement Statements Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Class Action Defense Cases-In re New Century Mortgage: Judicial Panel On Multidistrict Litigation (MDL) Denies Defense Request To Centralize Class Action Litigation In The Central District of California

Bluetooth Class Action Defense Case—In re Bluetooth Headset: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion Joined In By Defense Attorneys To Centralize Class Action Litigation In The Central District Of California

Carnival Class Action Defense Case-Borcea v. Carnival: Florida Federal Court Approves Settlement Of Employment Law Class Action

FDCPA Class Action Defense Cases-Rivera v. Amalgamated Debt Collection Services: Florida Federal Court Holds Debt Collector Violated § 1692g Of Fair Debt Collection Practices Act But Issues Of Fact Exist As To § 1692e Claims

Class Action Defense Cases-Bishop's v. Protective Life: Georgia Federal Court Denies Defense Motion To Dismiss Class Action Based On Defense Tender Of Damage Check To Class Representative

American Express Class Action Defense Case—Berry v. American Express: As Matter Of First Impression California Court Holds Issuance Of Credit Card Falls Outside Scope Of Consumer Legal Remedies Act (CLRA)

24 CFR § 3500.8—Use Of HUD-1 Or HUD-1A Settlement Statements Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Labor Law Class Action Filings Top New Class Action Cases Filed In California State And Federal Courts With Antitrust Class Action Lawsuits Coming In Second

24 CFR § 3500.7—Good Faith Estimates Required By Regulation X (Real Estate Settlement Procedures Act-RESPA)

Class Action Defense Cases-In re Movie Artwork: Judicial Panel On Multidistrict Litigation (MDL) Denies Defense Motion To Centralize Class Action Litigation In The Central District of California

Class Action Defense Cases—In re Static Random Access: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff Motion To Centralize Class Action Litigation In The Northern District of California

State Farm Katrina Class Action Defense Case-Roby v. State Farm: Louisiana Federal Court Grants Motion To Remand Class Action To State Court Holding Hurricane Is Not An Accident Under Federal MMTJA

DaimlerChrysler Class Action Defense Case- Chin v. DaimlerChrysler: New Jersey Federal Court Holds California Law Applies And Class Action Materially Influenced Automobile Recall Decision Justifying Award Of Attorney Fees

CAFA Class Action Defense Cases-Mattera v. Clear Channel: New York Federal Court Grants Defense Motion To Dismiss Labor Law Class Action For Failure To Join Indispensable Party

Class Action Defense Cases-Ramirez v. Smart Corp.: Illinois State Court Affirms In Part And Reverses In Part Summary Judgment In Favor Of Defense In Class Action Against Hospital Record Retrieval/Copy Service

Labor Law Class Action Lawsuits Regain Top Spot In Weekly Class Action Filings In California State And Federal Courts With Public Accommodation/ADA And Antirust Class Action Lawsuits Close Behind

24 CFR § 3500.6—Special Information Booklet At Time Of Loan Application Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

24 CFR § 3500.5—Coverage Of Real Estate Settlement Procedures Act (RESPA) Under Regulation X

Class Action Defense Cases—In re Morgan Stanley Overtime Pay: Over Defense Objection Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Litigation But Selects Southern District of California As Transferee Court

Pierce v. NovaStar-Class Action Defense Cases: Washington Federal Court Certifies Truth-In-Lending/Real Estate Settlement Procedures Act Class Action Against NovaStar Mortgage Based On Failure To Disclose Yield Spread Premiums (YSPs)

MBIA Class Action Defense Case-In re MBIA Inc. Securities Litigation: New York Federal Court Grants Defense Motion To Dismiss Securities Fraud Class Action Finding Class Action Claims Time-Barred By Inquiry Notice

Jenkens & Gilchrist Class Action Defense Case-Olson v. Jenkens & Gilchrist: Illinois Federal Court Grants Defense Motion To Compel Arbitration Of Claims Against Law Firm/Lawyers Involved In Tax Shelter Ultimately Held Illegal By IRS

TILA Class Action Defense Cases-LaLiberte v. Pacific Mercantile Bank: As Matter Of First Impression California Court Holds That Rescission Under Federal Truth-In-Lending Act (TILA) Not Suitable For Class Action Treatment

24 CFR § 3500.4—Reliance Upon Rule, Regulation Or Interpretation By HUD Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Public Accommodation/ADA Class Action Lawsuits And Federal Fair And Accurate Credit Reporting Act (FACTA) Class Action Cases Share Top Spot In Weekly Class Action Filings In California State And Federal Courts As Labor Law Class Actions Drop Dramatically

24 CFR § 3500.3—Questions Or Suggestions From Public And Copies Of Public Guidance Documents Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

Class Action Defense Cases-In re JP Morgan Chase: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Motion To Centralize Class Action Litigation But Selects Northern District of Illinois As Transferee Court

Class Action Defense Cases-In re Stand 'N Seal: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In The Northern District of Georgia

Class Action Defense Cases-Goplen v. 51job: New York Federal Court Grants Defense Motion To Dismiss Securities Fraud Class Action For Failing To Plead With Particularity Required by PSLRA and Rule 9(b)

Buller Trucking Class Action Defense Case: Illinois Federal Court Remands Class Action To State Court Holding Lawsuit Not Removable Under Class Action Fairness Act Of 2005 (CAFA)

Class Action Defense Cases-In re Spectrum: Georgia Federal Court Grants Defense Motion To Dismiss Securities Fraud Class Action Finding Allegations Fail To Meet Requirements Under Private Securities Litigation Reform Act (PSLRA)

Coca Cola Class Action Defense Case-Oshana v. Coca Cola: Federal Court Jurisdiction Exists And District Court Properly Granted Defense Motion To Dismiss Class Action Under Cable Communications Policy Act Because Act Does Not Apply To Internet Services

Employment Class Action Filings Again Top List But Federal Fair And Accurate Credit Reporting Act (FACTA) Class Action Cases Again Run Second In Weekly Class Action Filings In California State And Federal Courts

24 CFR § 3500.2—Definitions Used In The Regulations Promulgated By The Secretary Of The Department Of Housing And Urban Development (HUD) For The Real Estate Settlement Procedures Act (RESPA)

12 U.S.C. § 2617— Authority Granted To Secretary Of The Department Of Housing And Urban Development (HUD) Under The Real Estate Settlement Procedures Act (RESPA)

Class Action Defense Cases-In re Pharmacy Benefit Managers: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff's Motion To Centralize Antitrust Class Action Litigation In The Eastern District of Pennsylvania

Class Action Defense Cases-In re Terminix: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In The Northern District of California

CAFA Mass Action Defense Case-Lowery v. Honeywell: Alabama Federal Court Rejects Defense Arguments And Remands Mass Action To State Court Due To Defense Failure To Establish $75,000 Amount In Controversy

Dukes v. Wal-Mart Class Action Defense Case: Ninth Circuit Upholds Certification Of Nationwide Sex Discrimination Class Action Creating Largest Class Ever Agreeing With District Court That Class Action Was Nonetheless Manageable

Class Action Defense Cases-Colomar v. Mercy Hospital: Florida Federal Court Denies Defense Motion To Dismiss Unfair Trade Practice Class Action Based On Allegations That Hospital Charges Uninsured Patients More Than Insured Patients For The Same Services

San Francisco's Paid Sick Leave Ordinance To Take Effect On February 5, 2007

Deloitte & Touche Class Action Defense Case-Lattanzio v. Deloitte: Second Circuit Affirms Dismissal of Securities Class Action Against Outside Accountant

12 U.S.C. § 2616—Impact Of The Real Estate Settlement Procedures Act (RESPA) On State Laws And Affect Of Inconsistent Federal And State Laws

12 U.S.C. § 2615—Validity Of Contracts And Liens Under The Real Estate Settlement Procedures Act (RESPA)

Class Action Defense Cases-In re Banc of America: Judicial Panel On Multidistrict Litigation (MDL) Rejects Defense Opposition To Centralization Of Class Action Litigation And Selects Central District Of California As Transferee Court

Labor Law Class Action Lawsuits Again Hold Top Spot In Weekly Class Action Filings In California State And Federal Courts With Public Accommodation/ADA Class Action Claims A Distant Second

Class Action Defense Cases-In re LLRice: Judicial Panel On Multidistrict Litigation (MDL) Grants Unopposed Motion To Centralize Class Action Litigation And Agrees With Defense That Eastern District Of Missouri Is Appropriate Transferee Court

First American Title Class Action Defense Case-California Court Bars Plaintiff's Attorney From Conducting "Fishing Expedition" Discovery To Find Prospective Client

Rent-A-Center Class Action Defense Case-Karraker v. Rent-A-Center: Illinois Federal Court Denies Plaintiff Lawyer's Request For Attorney Fees Finding Relief Obtained In ADA Class Action To Be De Minimis

Costco Class Action Defense Case-Ellis v. Costco: California Federal Court Rejects Defense Arguments And Certifies Class Action Alleging Sex Discrimination

Pioneer Electronics Class Action Case-California Supreme Court Holds Consumers Who Have Complained Of Product Defects Need Not Affirmatively Consent To Release Of Contact Information To Plaintiff's Attorney Prosecuting Class Action Based On Those Defects

12 U.S.C. § 2614—Jurisdiction Of Courts And Statutes Of Limitation Under The Real Estate Settlement Procedures Act (RESPA)

12 U.S.C. § 2610–Prohibition Of Fees For Preparation Of Truth-In-Lending, Uniform Settlement, And Escrow Account Statements The Real Estate Settlement Procedures Act (RESPA)

Labor Law Class Action Lawsuits Again Hold Top Spot In Weekly Class Action Filings In California State And Federal Courts But Class Actions Alleging Violations Of Federal Fair And Accurate Credit Transactions Act Come In A Close Second

Class Action Defense Cases-In re Wachovia: Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Litigation And Selects Central District of California As Transferee Court

Class Action Defense Cases-In re Long-Distance Telephone: Over Defense Objection Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Litigation In The District of the District of Columbia

Cavin v. Home Loan Class Action Defense Case: Illinois Federal Court Grants Defense Motion For Summary Judgment In Class Action Alleging Violations Of Federal Fair Credit Reporting Act (FCRA)

Class Action Defense Cases-Taylor v. Quall: California Federal Court Grants Defense Motion To Dismiss Class Action Holding That Debt Collection Practices During Lawsuit Are Insulated By Litigation Privilege

Class Action Defense Cases-Morgan v. Gay: Third Circuit Holds As Matter Of First Impression That Under CAFA (Class Action Fairness Act Of 2005) Defense Still Bears Burden Of Establishing Amount-In-Controversy

In re Edward Jones Class Action Defense Case: California Federal Court Denies Motion To Remand Securities Class Action And Grants Defense Motion To Dismiss Finding Class Action Complaint Preempted By SLUSA

12 U.S.C. § 2609-- Limitation On Requirement Of Advance Deposits In Escrow Accounts Under The Real Estate Settlement Procedures Act (RESPA)

12 U.S.C. § 2608—Title Insurance And Liability Of Sellers Under The Real Estate Settlement Procedures Act (RESPA) For Requiring Use Particular Title Companies

Merck's Vioxx Defense Team Suffers Setback As New Jersey Appellate Court Holds Trial Court "Prematurely Terminated" Class Action Complaint

Labor Law Class Action Cases Again Claim Top Spot In New Class Action Cases Facing Defense Attorneys In California

Class Action Defense Cases-In re PolyMedica: Massachusetts Federal Court Refuses To Certify Securities Fraud Class Action For Contested Period Because Plaintiff Failed To Establish "Cause And Effect" And "Market Efficiency"

Sinclair v. Merck-Class Action Defense Case: New Jersey Appellate Court Holds Class Action Ruling In Favor Of Defense In Vioxx Case Was Premature

Dale v. Comcast Class Action Defense Case: Georgia Federal Court Grants Defense Motion To Compel Arbitration Under Agreement Barring Class Action Lawsuits Holding Arbitration Clause Unconscionable And Dismisses Class Action Complaint

Davis v. Chase Bank Class Action Defense Case: California Court Holds Defense Properly Removed Class Action To Federal Court Under Class Action Fairness Act Of 2005 (CAFA) Because Securities Exception Did Not Apply

Merck's Vioxx Defense Team Suffers Setback As New Jersey Appellate Court Holds Trial Court "Prematurely Terminated" Class Action Complaint

Robinson v. Fountainhead Title-Class Action Defense Cases: Federal Court Holds Class Action Complaint Did Not Toll RESPA (Real Estate Settlement Procedures Act) Statute Of Limitations Against New Defendants

Class Action Defense Cases-Dare v. Knox County: Maine Federal Court Rejects Plaintiff/Defense Motion For Approval Of Class Action Settlement Requiring Class Members Be Afforded A Second Chance To Opt Out

Defense Loses Labor Law Class Action Against Chinese Daily News As Federal Jury Awards Employees $2.5 Million In Damages

12 U.S.C. § 2607—Prohibition Against Kickbacks And Unearned Fees Under The Real Estate Settlement Procedures Act (RESPA)

Employment Class Action Filings Again Top List But Surge In Federal Fair And Accurate Credit Reporting Act (FACTA) Class Action Cases Run A Close Second In Weekly Class Action Filings In California State And Federal Courts

12 U.S.C. § 2606—Transactions Exempted By Congress From The Real Estate Settlement Procedures Act (RESPA)

San Francisco Federal Court Certifies Class Action Against Costco In Lawsuit Alleging Gender Discrimination In The Promotion Of Female Employees

Konig v. U-Haul Class Action Defense Case: California Court Denies Defense Motion To Compel Arbitration Under Agreement Barring Class Action Lawsuits Holding Arbitration Clause Unconscionable

Jimenez v. Domino's Pizza-Class Action Defense Cases: California Federal Court Agrees With Defense That Putative Labor Law Class Action Fails To Satisfy Requirements Of Rule 23 And Denies Plaintiffs' Motion For Class Certification

MARK YOUR CALENDARS - CLASS ACTION DEFENSE CONFERENCE COMING TO SAN FRANCISCO

Ward v. Bank of New York Class Action Defense Case: Offer Of Judgment Rendered Moot Plaintiff's Fair Labor Standards Act (FLSA) Collective Action Claim New York Federal Court Holds

Class Action Defense Cases-Masters v. Wilhelmina Model Agency: In Approving Class Action Settlement District Court Should Have Considered Whether To Award Class Members Treble Damages And Based Attorneys Fee Award On Total Funds Second Circuit Holds

Saab v. Home Depot-Class Action Defense Cases: Class Action Fairness Act (CAFA) Does Not Permit Appellate Review Of Federal Court Order Denying Motion To Remand Action Removed On Grounds Of Diversity Jurisdiction Eighth Circuit Holds

12 U.S.C. § 2605--Servicing Of Mortgage Loans And Administration Of Escrow Accounts Under The Real Estate Settlement Procedures Act (RESPA)

12 U.S.C. § 2604--Preparation And Distribution Of Special Information Booklets Under The Real Estate Settlement Procedures Act (RESPA)

Employment Law Class Action Cases Regain Top Spot In Weekly Class Actions Facing California Defense Attorneys

Class Action Defense Cases-Lao v. Wickes: California Federal Court Holds As Matter Of First Impression That Defense Must Establish Removal Under CAFA (Class Action Fairness Act) And Must Disprove CAFA Exceptions To Jurisdiction

Class Action Defense Cases-Eakins v. Pella: North Carolina Federal Court Holds Once Defense Establishes Prima Facie Case For Removal Under Class Action Fairness Act (CAFA) Burden Shifts To Plaintiff To Prove Exception To Removal Jurisdiction

Class Action Defense Cases-DiTolla v. Doral Dental: Second Circuit Holds Class Action Fairness Act (CAFA) 60-Day Deadline For Issuing Opinion Runs From Grant Of Permission To Appeal And That Removing Party Bears Burden Of Proving Jurisdiction

Parks v. General Motors Class Action Defense Case: South Carolina Federal Court Agrees With GM Defense Team That Class Action Should Not Be Certified Because Car Dealership Failed To Meet Commonality And Predominance Requirements

Public Accommodation/ADA Class Action Lawsuits Surge To Top Spot In Weekly Class Action Filings In California State And Federal Courts As Labor Law Class Action Claims Take Christmas Break

12 U.S.C. § 2603--Uniform Settlement Statements Under The Real Estate Settlement Procedures Act (RESPA)

12 U.S.C. § 2602—Definitions Of Terms Used In The Real Estate Settlement Procedures Act (RESPA)

DaimlerChrysler Settles Nationwide Class Action Over Allegedly Defective Brakes for $14.5 Million

12 U.S.C. § 2601--Congressional Findings And Purpose For The Real Estate Settlement Procedures Act (RESPA)

TiVo Defense Attorneys Reach Tentative Settlement Agreement Of Class Action And California State Court Issues Orders Permitting Proposed Settlement To Move Forward

Main Drug v. Aetna-Class Action Defense Cases: Alabama Federal Court Holds That Burden Of Proving Federal Court Jurisdiction Under Class Action Fairness Act (CAFA) Remains With Defense And That Burden Was Met

Blockbuster v. Galeno-Class Action Defense Cases: Defense Bears Burden Of Establishing Federal Court Jurisdiction Under Class Action Fairness Act (CAFA) Second Circuit Holds

California Court of Appeal Decision In Miller v. Bank of America - Handing Class Action Defense Attorneys -Becomes Final

Class Action Defense Cases-In re Volkswagen/Audi Warranty: Judicial Panel On Multidistrict Litigation (MDL) Grants Joint Defense/Plaintiff Motion To Centralize Class Action Litigation But Selects District Of Massachusetts As Transferee Court

Class Action Defense Cases-Battaglia v. DirectRevenue: California Federal Court Grants Joint Defense/Plaintiff Motion For Certification Of Class Action And For Final Approval Of Class Action Settlement

15 U.S.C. § 77aa--Schedule Of Information Required In Registration Statement Under The Securities Act Of 1933

15 U.S.C. § 77z-3--Commission's General Exemptive Authority Under The Securities Act Of 1933

15 U.S.C. § 77z-2--Application Of Safe Harbor For Forward-Looking Statements Under The Securities Act Of 1933

Class Action Antitrust/Unfair Competition Law (UCL) Claims Tie Labor Law Class Action Cases Confronting California Defense Attorneys In Weekly Filings

Brown v. Bank of America Class Action Defense Case: Defense Entitled To Summary Judgment On Electronic Funds Transfer Act (EFTA) And State Consumer Protection Law Class Action Claims Massachusetts Federal Court Holds

Williams v. Mohawk Industries Class Action Defense Case: Class Action RICO Claims Cognizable For Allegedly Willful Hiring Of Illegal Workers But That State Law Unjust Enrichment Claims Fail Eleventh Circuit Holds

Class Action Defense Cases-In re African-American Slave Descendants: Seventh Circuit Affirms Dismissal Of Class Action Alleging Corporate Complicity With Slavery But Reinstates Consumer Protection State Law Class Action Claims

Edwards v. City of Long Beach Class Action Defense Case: California Federal Court Denies Defense Motion To Certify Class Action But Grants Collective Action Status Under § 216(b) of the Federal Fair Labor Standards Act (FLSA)

California Defense Attorneys Confront Spike In Class Action Antitrust/Unfair Competition Law (UCL) Claims As New Employment Law Class Action Cases Fall To Second Place In Weekly Filings

Class Action Defense Cases-Smith v. Illinois Central Railroad: Illinois Supreme Court Agrees With Defense That Class Action Status Should Not Have Granted In Lawsuit Arising From Train Derailment

Alabama State Court Jury Finds For Defense As Merck Wins Another Vioxx Lawsuit

15 U.S.C. § 77z-1--Private Securities Litigation Under The Securities Act Of 1933

Farmers Insurance Agrees To Settle California Class Action

15 U.S.C. § 77y and 77z--Jurisdiction Of Other Government Agencies Over Securities And Separability Under The Securities Act Of 1933

Class Action Defense Cases-In re Fosamax: Over Defense Objection Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Litigation In The Southern District of New York

Sutter Health Defense Against California Class Action Challenging Pricing And Collection Practices For Uninsured Patients Ends With Settlement

Class Action Defense Cases-In re Digital Music: Judicial Panel On Multidistrict Litigation (MDL) Grants Joint Plaintiff/Defense Motion To Centralize Class Action Litigation In The Southern District of New York

Class Action Defense Cases-In re Series 7: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense and Plaintiff Motions To Centralize Class Action Litigation In The District of the District of Columbia

Alexander v. JBC-Class Action Defense Cases: Montana Court Rejects Defense Objections To Certification Of Class Action Alleging Violations Of Federal Fair Debt Collection Practices Act (FDCPA)

Class Action Defense Cases-In re Initial Public Offering: Significant Defense Victory As Second Circuit Holds Federal Court Erred In Certifying Securities Class Action Against Wall Street Banks Arising Out Of Internet IPOs

Morales-Arcadio v. Shannon Produce Class Action Defense Case: Defense Rule 68 Offer Of Judgment Served Prior To Opt-In Deadline For Class Action Under Fair Labor Standards Act (FLSA) Is Invalid Georgia Federal Court Holds

Cigna Defense Against Shareholder Class Action Reportedly Will End With $93 Million Settlement

Indicted Class Action Plaintiff Law Firm Milberg Weiss Loses Named Partner Schulman To "New Ventures" And To Preparation Of Criminal Defense

15 U.S.C. § 77w and 77x--Unlawful Representations And Penalties Under The Securities Act Of 1933

15 U.S.C. § 77u and 77v--Hearings By Commission And Jurisdiction Of Offenses And Suits Under The Securities Act Of 1933

United States Supreme Court Grants Defense Petitions For Writs Of Certiorari In Antitrust Class Action And Sherman Act Cases

Class Action Defense Lawyers Again Confront More Labor Law Claims In California Weekly Class Action Filings But Significant Number Of Antitrust And Unfair Business Practice Class Action Lawsuits Also Filed

Class Action Defense Cases-In re Seroquel: Judicial Panel On Multidistrict Litigation (MDL) Rejects Defense Opposition To Centralization Of Class Action Suits Involving Seroquel But Grants Co-Defense Request To Limit Order To AstraZeneca

Mitchell-Tracey v. United General: Class Action Defense Case--Maryland Federal Court Rejects Defense Opposition And Certifies Class Action By Mortgagors Against Title Insurers For Alleged Overcharging

Huge Class Action Defense Victory As Second Circuit Court Of Appeals Reverses Federal District Court Order Certifying Class Action Against Wall Street Banks In Largest Securities Class Action Ever

New Class Action-Kraft Mounts Defense Against California Class Action Alleging Fraud Based On Sale Of Guacamole Containing Small Percentage Of Avocado

Class Action Defense Cases- In re Educational Testing: Attorney Fees Awardable To Class Counsel Following Settlement Of Class Action Should Be Determined From A "Benchmark Percentage" Rather Than Lodestar Louisiana Federal Court Holds

UPS Class Action Defense Case-Bates v. UPS: Ninth Circuit Upholds Refusal To Decertify Class Action And Affirms Class Action Judgment Against UPS Based On ADA Claim, But Agrees With Defense That Unruh Act Violation Must Be Reversed

Yet Again Labor Law Class Action Filings Again Top Weekly Class Action Filings List But Public Accommodation/ADA Class Action Lawsuits Run Close Second In California State And Federal Courts

Class Action Defense News-Class Action Law Firm Lerach Ordered To Pay Defense Attorney Fees For Maintaining Frivolous Lawsuit

CAFA Class Action Defense CAFA Case-Morgan v. Gay: Class Action Fairness Act (CAFA) Must Be Read As Intended Rather Than Literally Third Circuit Holds

15 U.S.C. § 77t--Injunctions And Prosecution Of Offenses Under The Securities Act Of 1933

15 U.S.C. § 77s--Special Powers Of Commission Under The Securities Act Of 1933

Class Action Defense Issues--Fair and Accurate Credit Transactions Act

Class Action Defense Cases- In re Electrical Carbon: Class Members Who Opt Out Of Class Action Settlement May Rejoin Class With Court Approval New Jersey Federal Court Holds

E*Trade Class Action Defense Case-Murray v. E*Trade: Illinois Federal Court Rejects Defense Objections To Motion For Certification Of Class Action Alleging Violations Of Federal Fair Credit Reporting Act (FCRA)

Federal Court Trial Date Of Class Action Law Firm Milberg Weiss Set

Huber v. Taylor Class Action Defense Case: Third Circuit Reverses Order Granting Defense Motion For Summary Judgment In Malpractice Class Action Against Prior Class Counsel Because District Court's Choice Of Law Determination Was Flawed

Philip Morris Defense Team Solidifies Victory In Illinois Class Action Against Tobacco Giant

Philip Morris Class Action Defense Case-Price v. Philip Morris: U.S. Supreme Court Denies Petition For Writ Of Certiorari

Sears Class Action Defense Case-Santamarina v. Sears: Seventh Circuits Holds Class Action Not Removable By Defense Because Under California Law Amendments To Class Action Complaint Related Back To Original Filing

In re Vioxx Class Action Defense Cases: Louisiana Federal Court Hands Merck Defense Crucial Victory By Denying Motion To Certify Nationwide Class Action Involving Vioxx

Class Action Defense Cases-IBM Defense Attorneys Seeks Court Approval Of $65 Million Settlement In Federal Fair Labor Standards Act (FLSA) Overtime Class Action

15 U.S.C. § 77r-1--Preemption Of State Law Under The Securities Act Of 1933

15 U.S.C. § 77r--Exemption From State Regulation Of Securities Under The Securities Act Of 1933

15 U.S.C. § 77q--Fraudulent Interstate Transactions Under The Securities Act Of 1933

15 U.S.C. § 77p--Additional Remedies And Limitation On Remedies Under The Securities Act Of 1933

Miller v. Bank of America Class Action Defense Case: Billion Dollar Class Action Judgment Reversed As California Court Agrees With Defense That Banks May Apply Funds From Government Benefit Deposits To Cover Overdraft Fees Connected With The Same Account

Class Action Defense Cases-In re InPhonic: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In The District of the District of Columbia

Class Action Defense Cases-In re Int’l Air Transportation: Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Litigation In The Northern District of California

Carton v. Choice Point-Class Action Defense Cases: New Jersey Federal Court Denies Defense Motion To Dismiss Class Action For Lack Of Standing Because "Lost Opportunity To Sell Stock" Is Sufficient Injury In Fact

Class Action Defense Cases-In re New York Bancorp: New York Federal Court Grants Defense Motion To Dismiss Securities Class Action And Rejects Plaintiffs' Meritorious Remand Motion As Untimely

Employment Class Action Filings Again Top List But Defense Attorneys Also Gear Up For New Public Accommodation/ADA Class Action Lawsuits Which Ran A Close Second In Weekly Class Action Filings In California

15 U.S.C. § 77m-77o--Limitation Of Actions, Contrary Stipulations And Liability Of Controlling Persons Under The Securities Act Of 1933

15 U.S.C. § 77l--Civil Liabilities Arising In Connection With Prospectuses And Communications Under The Securities Act Of 1933

Class Action Defense Cases-In re Vioxx Products: Federal Court Grants Defense Motion To Dismiss Class Action Claims On Behalf Of Residents Of Italy And France On Grounds Of Forum Non Conveniens

Class Action Defense Issues-Merck Defense Of Individual Federal Vioxx Action Improves Likelihood That Class Action Status Will Be Denied

Howell v. State Farm-Class Action Defense Cases: Maryland Federal Court Grants Defense Motion To Dismiss Class Action Claims For Breach of Fiduciary Duty And Breach of Implied Covenant Of Good Faith And Fair Dealing As Not Cognizable Under Federal Law

Ruiz v. Bally-Class Action Defense Cases: Massachusetts Federal Court Denies Defense Motion To Dismiss Class Action For Lack Of Jurisdiction But Grants Defense Motion To Dismiss Class Action For Failure To State A Claim

More Fallout From Indictment Of Class Action Firm Milberg Weiss As Court Delays Approval Of Class Action Settlement Pending Review Of Class Action Plaintiffs' Testimony

Moniz v. Bayer-Class Action Defense Cases: Defense Removal Of Class Action To Federal Court Proper Under CAFA (Class Action Fairness Act of 2005) Because Of Post-CAFA Amendment To Class Action Complaint Massachusetts Federal Court Holds

FLSA Class Action Defense Cases-Choimbol v. Fairfield Resorts: Virginia Federal Court Conditionally Certifies Class Action Under Fair Labor Standards Act (FLSA) Holding Only "Minimal Evidence" Required To Support Class Action Treatment

Class Action Defense Cases—In re Dep’t of Veteran Affairs: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In The District of the District of Columbia

Class Action Defense Cases—In re Novartis: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Two Employment Law Class Action Lawsuits In The Southern District Of New York

Employment Law Class Action Lawsuits Again Dominate Claims Facing Class Action Defense Attorneys In California

Defense Expected To Pay $30 Million To Settle Class Action Arising Out Of Martha Stewart Sale Of ImClone Stock In 2001

15 U.S.C. § 77k--Civil Liabilities On Account Of False Registration Statement Under The Securities Act Of 1933

15 U.S.C. § 77j--Information Required In Prospectus Under The Securities Act Of 1933

Class Action Defense Cases-In re Edward D. Jones: Judicial Panel On Multidistrict Litigation (MDL) Denies Defense And Plaintiff Motion To Coordinate Class Action Employment Law Lawsuits

Klimas v. Comcast Cable-Class Action Defense Cases: District Court Properly Granted Defense Motion To Dismiss Class Action Under Cable Communications Policy Act Because Act Does Not Apply To Internet Services Sixth Circuit Holds

NovaStar Class Action Defense Case-Pierce v. NovaStar Mortgage: Washington Federal Court Certifies RESPA/TILA Class Action Over Defense Objection That YSP (Yield Spread Premium) Need Not Be Disclosed In Writing

Class Action Defense Cases-Carnegie v. Household Int’l: Illinois Federal Court Approves Class Action Settlement

Class Action Defense Cases-Quaak v. Dexia: Massachusetts Federal Court Denies Defense Motion To Dismiss Securities Class Action Against Banker Because Of Alleged Involvement In Scheme To Inflate Stock Price

DHL Class Action Defense Case-Synfuel v. DHL: Illinois District Court Abused Its Discretion In Approving Class Action Settlement Seventh Circuit Holds

15 U.S.C. § 77i--Court Review Of Orders Under The Securities Act Of 1933

Class Action Employment Law Claims Continue To Predominate Categories Confronting Defense Attorneys As Labor Law Class Actions Hold Top Spot In California Weekly Class Action Filings

15 U.S.C. § 77h-1--Cease And Desist Proceedings Under The Securities Act Of 1933

Winig v. Cingular Wireless-Class Action Defense Cases: California Federal Court Denies Defense Motion To Compel Arbitration Under Agreement Barring Class Action Lawsuits Holding Arbitration Clause Unconscionable

Class Action Defense Cases-Otto v. Pocono Health: Federal Court Grants Defense Motion To Dismiss State Law Overtime Class Action Claims As Incompatible With Federal Overtime Class Action Claims Because Of Conflict Between Opt-In/Opt-Out Requirements

Class Action Defense Cases-Achtman v. Kirby: Defense Motion To Dismiss Malpractice Class Action Against Class Counsel Properly Granted Because Failure To Sue Arthur Andersen Was Not Negligent Second Circuit Holds

Class Action Defense Cases-In re Farmers Insurance Exchange: Employer Properly Classified Insurance Claims Adjusters As Exempt From Overtime Requirements Of Federal Fair Labor Standard Act (FLSA) Ninth Circuit Holds

Class Action Defense Cases-Aguiar v. Cintas: Trial Court Erred In Failing To Consider Use Of Subclasses In Labor Law Class Action California Court Holds

Smith v. The Thomson Corporation-Class Action Defense Cases: Defense Wins Cross-Appeal In Fraud Class Action Based On Overcharges Because Plaintiff Failed To Prove Damages

Class Action Defense Cases-Insurance Industry Discriminatory Sales Practices: Judicial Panel On Multidistrict Litigation (MDL) Agrees With Defense And Denies Request To Centralize Actions

15 U.S.C. § 77h--Taking Effect Of Registration Statements And Amendments Thereto Under The Securities Act Of 1933

Employment Law Class Action Cases Again Lead Weekly California Filings Facing Defense Attorneys

15 U.S.C. § 77g--Information Required In Registration Statements Under The Securities Act Of 1933

Tmesys v. Eufaula-Class Action Defense Cases: Circuit Court Has Jurisdiction To Review District Court Order Remanding Class Action To State Court Based On Finding That CAFA (Class Action Fairness Act) Does Not Apply Eleventh Circuit Holds

Kim v. Citigroup-Class Action Defense Cases: Forfeiture Aspect Of Capital Accumulation Plan Did Not Violate State’s Wage Act Illinois Court Holds

FedEx Class Action Defense Case-Moody v. Federal Express: Illinois Appellate Court Affirms Judgment In Favor Of Defense Against Class Action Alleging Breach Of Contract Because Class Action Complaint Sought Remedy Outside Scope Of Contract

Hood v. Santa Barbara Bank-Class Action Defense Cases: Trial Court Improperly Granted Defense Motion To Dismiss Class Action Alleging CLRA, UCL And FDCPA Violations Because Class Action Claims Were Not Preempted By Federal Law California Court Holds

Jackson v. Midland Credit-Class Action Defense Cases: Illinois Federal Court Grants Defense Motion For Summary Judgment Holding Debt Collection Letter Did Not Violate Federal Fair Debt Collection Practices Act (FDCPA)

Tyson Class Action Defense Case-Trollinger v. Tyson: Tennessee Federal Court Grants Motion To Certify Class Action Alleging Violations Of Federal Racketeer Influence and Corrupt Organizations Act (RICO)

Class Action Defense Issues--Fair and Accurate Credit Transactions Act (FACTA)

Baez v. Wagner & Hunt-Class Action Defense Cases: In Class Action Against Debt Collector Florida Federal Court Holds That Law Firm’s Collection Letter Violated Fair Debt Collection Practices Act (FDCPA)

Hartford Class Action Defense Cases-Hartford v. Beaver: Florida Law Requires Insurer Defend Against Claims Of Putative Class Members Even Before Class Action Is Certified Eleventh Circuit Holds

15 U.S.C. § 77f--Registration Of Securities Under The Securities Act Of 1933

15 U.S.C. § 77e--Prohibitions Relating To Interstate Commerce And The Mails Under The Securities Act Of 1933

Employment Law Class Action Cases Lead Weekly California Filings Facing Defense Attorneys But Unfair Competition/Unfair Business Practice (UCL) Class Action Filings Run A Close Second

Bell v. Acxiom-Class Action Defense Cases: Federal Court Grants Defense Motion To Dismiss Class Action Based On "Increased Risk" Of Identity Theft And Receiving Junk Mail Because Plaintiff Lacked Standing

Alvarez v. May Department Stores-Class Action Defense Cases: California Court Holds That Demurrer To Class Action Allegations Is Proper And Defense Theory Of Collateral Estoppel Properly Applied In Sustaining Demurrer To Overtime Class Action Claims

Dunbar v. Albertson's-Class Action Defense Cases: Certification Of Employment Class Action Seeking Overtime Pay On Theory That Employer Misclassified Employees As Exempt Properly Denied California Court Holds

Pennsylvania Jury Finds Wal-Mart Liable In Employee Overtime/Rest Breaks Class Action Case And Awards $78 Million In Damages Plus Attorney Fees

IBM Class Action Defense Case-Syverson v. IBM: General Release And Covenant Not To Sue Created Confusion In Employee Layoff Agreement Rendering Waiver Of ADEA Claims Unenforceable Ninth Circuit Holds

Camacho v. Automobile Club-Class Action Defense Cases: Defense Motion For Judgment On The Pleadings With Respect To Unfair Business Practice Claims In Class Action Complaint Properly Granted California Court Holds

15 U.S.C. § 77d--Transactions Exempted Under The Securities Act Of 1933

Frustration Over Terms Of Class Action Settlements And Defense Practice Of Refusing To Admit Wrongdoing

15 U.S.C. § 77c--Securities Exempt Under The Securities Act Of 1933

California Defense Attorneys Find That Public Accommodation/ADA Cases Bounce Back Above Employment Law Class Action Cases In Weekly Filings

Cingular Class Action Defense Case-Stern v. Cingular Wireless: Arbitration Provision Waiving Class Action Remedy Unenforceable California Federal Court Holds

Exxon Mobil Class Action Defense Case-Steering Committee v. Exxon Mobil: District Court Properly Refused To Certify Class Action Based On Personal Injuries Arising From Chemical Fire Fifth Circuit Holds

White v. DaimlerChrysler-Class Action Defense Cases: Defense Motion To Dismiss Consumer Fraud Class Action Granted Because Plaintiff Failed To Plead Fraud Or Damages With Requisite Specificity Illinois Court Holds

Cingular Class Action Defense Case-Kinkel v. Cingular: Illinois Rejects Defense Efforts To Enforce Arbitration Clause Barring Class Action Device And Refuses To Apply Arbitration Terms Effective After Class Action Plaintiff Terminated Service Contract

Koehl v. Verio-Class Action Defense Cases: Class Representatives Hit With Damages And Half-Million Dollar Attorney Fee Award By California Court After Losing Labor Law Class Action Against Former Employer

15 U.S.C. § 77b-1--Swap Agreements Under The Securities Act Of 1933

15 U.S.C. § 77b--Definitions Applicable To Lawsuits Under The Securities Act Of 1933

Public Accommodation/ADA Class Action Lawsuits Again Seize Top Spot Of Weekly Class Action Filings In California State And Federal Courts

U-Haul Class Action Defense Case-Aron v. U-Haul: Trial Court Erred In Granting Defense Motion For Judgment On The Pleadings In Class Action Alleging California CLRA And UCL Violations

Farm Raised Salmon Class Action Defense Case: Class Action Preempted By Federal Food, Drug, And Cosmetic Act (FDCA) Because No State Law Private Right Of Action Exists Based On FDCA Violations California Court Holds

Class Action Defense Cases-Del Campo v. Kennedy: California Federal Court Denies Defense Motion For Protective Order That Sought To Bar Third Party Precertification Discovery In FDCPA Class Action

Class Action Defense Cases-Anchor Lighting v. SoCal Edison: California Public Utilities Commission Has Exclusive Jurisdiction Over State Utilities

DirecTV Class Action Defense Case-Cohen v. DirecTV: Class Action Waiver In Arbitration Clause Unconscionable And Unenforceable California Court Holds

15 U.S.C. § 1681x – Corporate and Technological Circumvention Prohibited: Statutory Provisions of the FCRA (Fair Credit Reporting Act) for Class Action Defense Attorneys

NLRB Decision In Oakwood Healthcare, Inc., 348 NLRB No. 37, Clarifies Definition Of "Supervisor" Under Section 2(11)--Class Action Defense Issues

15 U.S.C. § 1681w – Disposal of Records: Statutory Provisions of the FCRA (Fair Credit Reporting Act) for Class Action Defense Attorneys

Class Action Defense Cases-Goin v. Bass Pro: Defense Removal Of Class Action To Federal Court Improper Because Lawsuit Arose Under Workers’ Compensation Law

Class Action Defense Cases-Glauser v. EVCI: New York Federal Court Grants Motion To Consolidated Class Action Lawsuits Under Private Securities Litigation Reform Act (PSLRA) And to Appoint Lead Plaintiff And Lead Counsel

Weekly California State And Federal Class Action Filings Predominantly Labor Law Cases

In re Tobacco II Cases-Class Action Defense Cases: California Court Properly Denied Class Action Of CLRA Claims Against Tobacco Companies And Properly Decertified Class As To UCL Claims

Certification Of Class Action Against Tobacco Companies Hits Newspapers

Class Action Defense Cases-McCall v. Drive Financial: Class Action Statutory Damages Under Federal Fair Debt Collection Practices Act (FDCPA) Can Exceed $500,000 Pennsylvania Court Holds

Schwab v. Phillip Morris-Class Action Defense Cases: New York Federal Court Certifies Class Action Against Tobacco Companies For Selling "Light" Cigarettes

Class Action Defense Cases-Wagner v. First Horizon: Eleventh Circuit Holds As A Matter Of First Impression That If Nonfraud Securities Claim Is Part Of Allegedly Fraudulent Conduct Then It Must Be Pleaded With Particularity

Trial On Federal Charges Against Class Action Law Firm Milberg Weiss Delayed As Prosecutors Consider Additional Indictments

15 U.S.C. § 1681v – Disclosures to Governmental Agencies for Counterterrorism Purposes: Statutory Provisions of the FCRA (Fair Credit Reporting Act) for Class Action Defense Attorneys

Public Accommodation/ADA Class Action Lawsuits Surge To Top Of Weekly Class Action Filings In California State And Federal Courts

15 U.S.C. § 1681u – Disclosures to FBI for Counterintelligence Purposes: Statutory Provisions for the Class Action Defense Lawyer Who Defends Class Actions Brought Under the FCRA (Fair Credit Reporting Act)

McKell v. Washington Mutual-Class Action Defense Cases: Defense Motion To Dismiss Class Action Improperly Granted As To Breach of Contract And UCL Claims Based On Federal RESPA Violations California Court Holds

Cavin v. Home Loan Center-Class Action Defense Cases: Federal Fair Credit Reporting Act (FCRA) Prohibits Private Right Of Action For Violations Of § 1681m’s Disclosure Requirement Illinois District Court Holds

Class Action Defense Cases-In re New Motor Vehicles: Federal Court Lacks Authority To Give “Preliminary Approval” To Proposed Settlement Of Class Action Maine District Court Holds

Class Action Defense Issues—Federal Trade Commission Publishes 2006 Annual Report on Fair Debt Collection Practices Act (FDCPA)

Airborne Express Class Action Defense Case-Hicks v. Airborne Express: Illinois Appellate Court Affirms Summary Judgment In Favor Of Defense In Breach Of Contract Class Action

Intel Class Action Defense Case-Barbara's Sales v. Intel: California Law Applies To Unfair Business Practice Class Action Against Intel And Nationwide Class Should Have Been Certified Illinois Court Holds

15 U.S.C. § 1681t – Relation to State Laws: Statutory Provisions for Defense Attorneys Who Defend Class Actions Brought Under the FCRA (Fair Credit Reporting Act)

15 U.S.C. § 1681s-3 – Affiliate Sharing: Statutory Provisions for Attorneys who Defend Class Action Brought Under the FCRA (Fair Credit Reporting Act)

Public Accommodation/ADA Claims Regain First Place In California Class Action Filings

Freeman v. DirecTV-Class Action Defense Cases: Federal Electronic Communications Privacy Act (ECPA) Does Not Provide Private Right Of Action For Secondary Liability Claims Ninth Circuit Holds

Class Action Defense Cases-In re “A Million Little Pieces”: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In The Southern District Of New York

New York Federal Court Considers Defense Arguments Against Certification Of Class Action Against Tobacco Companies

Class Action Defense Cases-In re Mutual Funds: Federal District Court Grants Defense Motion To Dismiss Class Action Because “Plaintiffs’ Artful Attempt At Avoiding SLUSA Preemption Ultimately Fails”

Allstate Katrina Class Action Defense Case-Vaz v. Allstate: Mississippi Federal Court Denies Motion For Certification Of Class Action Against Allstate Based On Hurricane Katrina Claims

Class Action Defense Cases-Blackman v. District of Columbia: Federal Court Failed To Properly Certify Orders For Appeal And Defense Correct That Attorney Fees In Section 1983 Class Actions To Enforce IDEA Are Capped DC Circuit Holds

Class Action Defense Cases-Land Grantors v. United States: Over Defense Objection Federal Claims Court Certifies Only Third Class Action Under Revised RCFC 23

Class Action Law Firm Milberg Weiss Opens Checkbook To Keep Attorneys

Class Action Defense Cases—Trevizo v. Adams: Tenth Circuit Affirms Dismissal of § 1983 Class Action Claims Against City And Denial Of Class Certification

Class Action Defense Cases-Judicial Panel on Multidistrict Litigation (MDL) Rejects Federal Courts Requested By Plaintiffs And Defense, And Transfers Class Actions Against Volkswagon To District Of Massachusetts Under 28 U.S.C. § 1407

15 U.S.C. § 1681s-2 – Responsibilities of Furnishers of Information to Consumer Reporting Agencies: Statutory Provisions of the FCRA (Fair Credit Reporting Act) for Class Action Defense Attorneys

Class Action Labor Law Cases Again Lead Weekly Filings In California

Class Action Defense Cases—In re Pharmacy Benefit Managers: Multidistrict Litigation (MDL) Judicial Panel Transfers Putative Federal Antitrust Class Action Cases To Eastern District Of Pennsylvania Over Defense Objection

Class Action Defense Cases-Judicial Panel on Multidistrict Litigation (MDL) Transfers Class Action Against JP Morgan Chase To Northern District Of Illinois Under 28 U.S.C. § 1407

15 U.S.C. § 1681s-1 – Information on Overdue Child Support Obligations: Statutory Provisions of the FCRA (Fair Credit Reporting Act) for Class Action Defense Attorneys

Class Action Defense Cases-Federal District Court Grants Motion To Dismiss Putative Class Action Alleging 180Solutions Was A Spyware Company

Watt v. GMAC Mortgage-RESPA Class Action Defense Cases: Defense Motion To Dismiss RESPA Class Action Properly Granted Because RESPA Does Not Prohibit Servicer From Charging A Fee For Payoff Statements And Does Not Cap Fee Charged Eighth Circuit Holds

New Study Estimates Shareholder Risk For Options Backdating At $500 Million

FedEx Class Action Defense Case-Hart v. FedEx: CAFA (Class Action Fairness Act) Shifts Burden Of Persuasion From Defense To Plaintiff To Establish Exceptions To Federal Court Jurisdiction Seventh Circuit Holds

Class Action Defense Cases-Frazier v. Pioneer: Removal Of Putative Class Action Under CAFA (Class Action Fairness Act) Proper Because Removing Primary Defendant Not A State And Local Controversy Exception Inapplicable Fifth Circuit Holds

Defense Attorneys Facing Fewer Class Action Lawsuits Challenging Backdated Stock Option Awards

Boeing Class Action Defense Case-Carpenter v. Boeing: Federal District Court Orders In Labor Law Class Action Decertifying Subclass And Granting Defense Motion For Summary Judgment Affirmed By Tenth Circuit

15 U.S.C. § 1681s – Administrative Enforcement: Statutory Provisions of the FCRA (Fair Credit Reporting Act) for Class Action Defense Attorneys

15 U.S.C. §§ 1681q and 1681r – Obtaining Information Under False Pretenses/ Unauthorized Disclosures by Officers or Employees: Statutory Provisions of the FCRA (Fair Credit Reporting Act) for the Class Action Defense Lawyer

Class Action Labor Law/Overtime Claims Regain Top Spot In California Weekly Class Action Filings

15 U.S.C. § 1681p – Jurisdiction of Courts/Limitation of Actions: Statutory Provisions of the FCRA (Fair Credit Reporting Act) for the Class Action Defense Attorneys

15 U.S.C. §§ 1681n and 1681o – Civil liability for Willful and Negligent Noncompliance: Statutory Language of the FCRA (Fair Credit Reporting Act) for Class Action Defense Attorneys

Class Action Defense Issues-Clark v. Capital Credit: Ninth Circuit Affirms In Part And Reverses In Part Federal District Court Judgment In Favor Defense In FDCPA (Fair Debt Collection Practices Act) Case

In re AT&T-Class Action Defense Cases: District Court Did Not Abuse Its Discretion In Approving $21 Million Attorney Fee Award Out Of $100 Million Securities Fraud Class Action Settlement Fund Third Circuit Holds

Everett v. Verizon-Class Action Defense Cases: Defense Failed To Establish Amount In Controversy For Removal Of Class Action To Federal Court Because Neither Disgorgement Nor Punitive Damage Claims May Be Aggregated Sixth Circuit Holds

Barnett v. Experian-Class Action Defense Cases: Texas Court Decertifies Class Action Under Federal Fair Debt Collection Practices Act (FDCPA) Decertified Because Defendant In Bankruptcy

Class Action Defense Cases-Kolari v. New York-Presbyterian Hospital: Federal District Court Erred In Exercising Supplemental Jurisdiction And Dismissing Class Action State-Law Claims Second Circuit Holds

Qwest Class Action Defense Case-In re Qwest Communications: Multidistrict Litigation (MDL) Judicial Panel Grants Defense Motion To Centralize Securities Cases In District Of Colorado Where Class Action Is Pending

Jones v. People's Heritage Bank-Class Action Defense Cases: Lender's Retention of Portion Of Loan Proceeds As "Administrative Charge" Does Not Violate Federal Truth In Lending Act Georgia Court Holds

In re Bausch & Lomb-Class Action Defense Cases: Multidistrict Litigation (MDL) Judicial Panel Transfers Putative Nationwide Class Action Cases To District Of South Carolina

15 U.S.C. § 1681m – Requirements on Users of Consumer Reports: Statutory Language of the FCRA (Fair Credit Reporting Act) for the Class Action Defense Lawyer

Class Action Defense Cases-Bickley v. Caremark: ERISA Class Action Plaintiff Properly Required To Exhaust Administrative Remedies Eleventh Circuit Holds

In re Intel-Class Action Defense Cases: Defense Keeps Class Action Removed Under CAFA (Class Action Fairness Act) In Federal Court Because Amount In Controversy Exceeds $5 Million

15 U.S.C. §§ 1681k and 1681l – Public Record Information for Employment Purposes/ Restrictions on Investigative Consumer Reports: Statutory Language of the FCRA (Fair Credit Reporting Act) for the Class Action Defense Lawyer

Class Action Defense Cases—In re Digital Music: Multidistrict Litigation (MDL) Judicial Panel Transfers Putative Class Action Antitrust Cases At Request Of Plaintiffs And Defense To Southern District Of New York

Class Action Defense Cases—In re Cintas: Judicial Panel On Multidistrict Litigation (MDL) Holds That Statutory Objective of Pretrial Centralization Under § 1407 Includes Actions Brought To Compel Arbitration

Class Action Defense Cases—In re McDonald’s: Multidistrict Litigation (MDL) Judicial Panel Transfers Putative Nationwide Class Action Cases To Northern District Of Illinois

Indicted Class Action Firm Continues To Lose Attorneys And Close Offices--Latest Lawyer Switches To Defense

Schacter v. Circuit City-Class Action Defense Cases: Massachusetts Federal Court Denies Defense Motion To Dismiss Class Action Arising From Allegedly Premature Termination Of Product Warranty Plan

In re H & R Block-Class Action Defense Cases: Multidistrict Litigation (MDL) Judicial Panel Transfers Putative Nationwide Class Action Cases To Western District Of Missouri Over Defense Objection

Defense Gears Up For Lawsuit Challenging The Hiring Of Illegal Immigrants Under California's Unfair Competition Statute

Class Action Defense Cases-Jacobson v. Healthcare Financial: New York Federal Court Throws Out Class Action Under FDCPA (Fair Debt Collection Practices Act) And Awards Defense Attorney Fees

California Action Targets Hiring Of Illegal Immigrants Under California’s Unfair Competition Statute

Ford Motor Class Action Defense Cases-Daffin v. Ford Motor: Federal District Court Certification Of Class Action Over Defense Objection Not An Abuse Of Discretion Sixth Circuit Holds

Trezvant v. Fidelity-Class Action Defense Cases: Massachusetts Federal Court Grants Defense Motion To Partially Dismiss Class Action That Sought Overtime Pay Under Fair Labor Standards Act (FLSA) And New Hampshire State Law

Dreyfus Mutual Funds-Class Action Defense Cases: Shareholders' Investment Company Act § 36(b) Claim Must Be Brought Derivatively Not As A Class Action So Both It And § 48(a) Claim Based On It Fail Pennsylvania Federal Court Holds

Class Action Defense Cases—Brieger v. Tellabs: District Court Denies Defense Motion To Reassign ERISA Class Action To Judge Who Handled Related PSLRA (Private Securities Litigation Reform Act) Case

Class Action Defense Cases-Meyers v. Texas: Defense Waives Right To Object To Federal Jurisdiction By Removing Class Action To District Court Fifth Circuit Holds

15 U.S.C. § 1681j – Charges for Certain Disclosures: Statutory Language of the FCRA (Fair Credit Reporting Act) for the Class Action Defense Lawyer

California Defense Attorneys Face Slew Of New Public Accommodation/ADA Class Action Cases

15 U.S.C. § 1681i – Procedure in Case of Disputed Accuracy: Statutory Language of the FCRA (Fair Credit Reporting Act) for the Class Action Defense Lawyer

15 U.S.C. § 1681c-2 – Block of Information Resulting from Identity Theft: Statutory Language for the Defense Lawyer of Class Action Lawsuits Under the FCRA (Fair Credit Reporting Act)

15 U.S.C. § 1681c – Requirements Relating to Information Contained in Consumer Reports: Statutory Language for the Defense Lawyer of Class Action Lawsuits Under the FCRA (Fair Credit Reporting Act)

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