Second Circuit Rules Investor Had Article III Standing, But Failed to State Claims

Total Gas & Power North America, Inc. (Total Gas) is a company engaged in natural gas commodity and derivative trading at regional hubs in the western United States. A trader at the West Desk of Total Gas reported market manipulation in four commodities markets to the Federal Energy Regulatory Commission (FERC) and the Commodities Future…

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Ninth Circuit: Same Injuries in State Class Action Settlement Barred Later Filed Federal Fair Labor Standards Act Collective Action

Summary: Three PLS Check Cashers’ (“PLS”) employees filed a consolidated class action complaint asserting violations of several wage and hour and wage statement provisions of the California Labor Code. They settled their state class action claims on a class basis and obtained final court approval under California’s counterpart to Federal Rule 23, resulting in a…

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Federal Circuit to Court of Federal Claims: Allow Native American Farmer to Pursue His Breach of Class Action Settlement Contract Claim

Summary: Timothy LaBatte, a Native American farmer, was part of a group of Native American farmers who sued the Secretary of Agriculture alleging that the Department had discriminated against them in the administration of farm loans and similar benefit programs which violated the Credit Opportunity Act. They alleged that white farmers were provided benefits that…

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9th Circuit Holds That Plaintiffs Are Not Required to Support Class Certification Motions by Admissible Evidence

Summary: Nurses Sali and Spriggs moved to certify seven classes of registered nurses allegedly underpaid by Corona Regional Medical Center (“Corona”) as a result of its employment policies and practices. The district court denied class certification for all of the proposed classes on multiple grounds including some of the classes failed to meet Federal Rule…

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Minor’s TCPA Claim Creates Major Arbitration/Class Action Mess

Summary: A.D., a minor, filed a class action TCPA suit prosecuted by her mother against Credit One which had called A.D.’s cell phone to collect the mother’s debt. The mother had used A.D.’s cell phone to access the mother’s Credit One account, which Credit One’s caller I.D. “capture software” used to try to collect the…

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Employment Agreement Class Action Waivers in Arbitration Provisions are Enforceable Notwithstanding the National Labor Relations Act

Summary: Justice Gorsuch held that employment agreement class or collective action waivers in arbitration clauses are enforceable notwithstanding the National Labor Relations Act (NLRA). He stated the issues were: “Should employees and employers be allowed to agree that any disputes between them will be resolved through one-on-one arbitration? Or should employees always be permitted to…

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Objecting Class Member Had No Right to Opt Out of the Trump University Class at the Settlement Stage

Summary: Three class actions were filed against Donald J. Trump and Trump University, one in state court in New York and two in the Southern District of California. The cases were settled for $25 million shortly after Mr. Trump was elected President of the United States. Sherri Simpson was the lone objector who sought to…

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Ninth Circuit Finds Standing for Data Breach Customers to Pursue Putative Class Action Against Retailer

Summary: Several putative class action lawsuits were filed as the result of a January 2012 hack attack on online retailer Zappos.com, Inc.’s servers. The hack allowed the theft of personal identifying information (“PII”) of more than 24 million Zappos customers. There was an MDL set up in the District of Nevada to handle pretrial proceedings….

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Bankruptcy Court Properly Denied Class-wide Arbitration

Summary: Credit One Bank (Credit One) issued a credit card to Anderson who failed to make timely payments. The debt was charged off, then sold to a third party, and reported to the major credit reporting agencies. Thereafter, Anderson filed Chapter 7 bankruptcy and was discharged, but Credit One failed to honor Anderson’s request to…

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Immigration Detainee Class Certification Affirmed by Tenth Circuit

Summary: GEO Group (GEO) owned and operated a private contract detention facility in Aurora, Colorado (Aurora Facility) under a contract with the federal Immigration and Customs Enforcement Agency (ICE). The Aurora Facility had in place (1) a housing unit Sanitation Policy (Policy) which required all of its detainees to clean their common living areas, and…

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