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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10th Circuit Rules CAFA Jurisdiction Proper—Plaintiff Failed to Prove Home State Exception Applicable

Summary: Plaintiff, a royalty owner of Oklahoma natural gas wells, sued for alleged underpayment of royalties. Defendant filed a CAFA removal to federal court. The royalty owner’s motion for abstention or to remand to state court based on the home state exception to CAFA was denied. The 10th Circuit reviewed the record and affirmed. Nichols…

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Third Circuit Affirms Class Certification Denial of Nationwide and Four-State Classes

Summary: Patricia Wright and Kevin West sued Owens Corning and Owens Corning Sales, LLC (“Owens Corning”) in Pennsylvania pursuing a nationwide class action case for allegedly selling defective roofing shingles. The summary judgment ruling in favor of the Defendants was partially reversed on appeal which led Wright and West to join with Jaime Gonzalez and…

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Neither Constitutional Nor Aqua Dots Objections Derail MDL Class Action Settlements – 10th Circuit Rules

Summary: The 10th Circuit  addressed appeals by multiple objectors to multiple class action settlements in a Kansas based MDL which is of importance during the hot summer months. The 10th Circuit ruled, its ruling was published, and then that ruling was withdrawn in response to the petition for panel rehearing while the petition for rehearing…

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Class Action Blog

As our society becomes increasingly litigious, and as plaintiff attorneys market their services more aggressively, class action litigation is posing a rapidly growing threat to businesses in all industry sectors. Our firm has successfully defended businesses of all types and sizes, as well as individuals, in class action cases brought in state and federal courts….

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