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Class Action Blog

As 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 sectors.

Class Action Blog
December 3, 2019

Eighth Circuit Declares CAFA Removal Was Timely and The Amount in Controversy Allegations Were Not Speculative

Mark Pirozzi and others sued Massage Envy for allegedly violating the Missouri Merchandising Practices Act (MMPA) by using advertisements which failed to disclose that each one hour massage session included ten minutes for consulting with the therapist, undressing and dressing. The first and amended complaints failed to clearly state the amount in controversy on the face of the complaint.

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Class Action Blog
November 26, 2019

Illinois Appellate Court Vacates Refiled and Repackaged FACTA Class Settlement.

Henry Lee filed a class action lawsuit against the Defendant doing business as The Body Shop for alleged “willful violations of the federal Fair and Accurate Credit Transactions Act of 2003.” He originally filed suit in federal court in New York, but after objections were raised to the federal court settlement and the federal judge directed the plaintiff to “show cause why the Federal Court Action should not be dismissed for lack of standing,” Lee voluntarily dismissed.

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Class Action Blog
November 19, 2019

Lodestar Multiplier Disallowed Where the Class Action Settlement Provided for Fee Shifting, Not a Common Fund Attorney Fees Award

Home Depot had a data breach which led to the theft of information “for tens of millions of credit cards” resulting in a class of banks, the credit card issuers, to sue Home Depot. That litigation was settled on a classwide basis. After the general terms for the class settlement were agreed upon, the parties agreed that class counsel would be paid “reasonable attorney’s fees” for an undetermined amount which “would be paid separate from and in addition to the class fund.

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Class Action Blog
November 12, 2019

Tribal Sovereign Immunity for Tribal Entity Economic Arms Defeats Payday Loan Class Action

The Lac Vieux Desert Band of the Lake Superior Chippewa Indians (“the Tribe”) formed two business entities under tribal law. Those entities were Big Picture Loans, LLC and Ascension Technologies, LLC. They were set up in order to get into the payday loan business and charged interest at rates many times the rates allowed under Virginia law. Five prospective class members filed suit against Big Picture and Ascension alleging violations of state law.

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Class Action Blog
October 29, 2019

Plaintiff Destroyed CAFA Jurisdiction By Omitting Class Action Allegations in the Fourth Amended Complaint.

Attorney Gale, on behalf of all Connecticut title attorneys, filed a class action lawsuit in federal court asserting jurisdiction under CAFA. Gale sued multiple title insurance companies in Connecticut. After twelve years of litigation plaintiffs filed a fourth amended complaint which “asserted only state law claims on behalf of the individual plaintiffs” because they thought that doing so would “facilitate the resolution of the case.” On the defendants’ motion, the court dismissed the case for lack of CAFA jurisdiction. 

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