Just about anyone who owns a printer has strong opinions on toner cartridges. An enterprising group of plaintiffs’ lawyers sought to capitalize on consumer annoyance with printer cartridges by filing three class actions in the Northern District of California against toner manufacturer Hewlett Packard. Full Story
When the judge deciding a motion for class certification begins his Opinion by describing the proposed class as a “Frankenstein monster,” you don’t need to be very prescient to predict the outcome of the motion. Full Story
In the wake of AT&T Mobility LLC v. Concepcion, the California Supreme Court granted review in three cases involving significant arbitration issues, including key questions about whether the Federal Arbitration Act preempts California law concerning the enforceability of arbitration agreements. Full Story
Tennessee law has a one year statute of limitation in a medical malpractice (now called a health care liability) case. Full Story
Just two years ago, a California case declining certification of an action would have been cause for comment. Full Story
A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Full Story
The Economist is reporting that the French president Francois Hollande’s government just presented a class action bill to the Council of Ministers on May 2. Full Story
In an April 18, 2013 decision by Justice Kornreich, the court granted the plaintiff’s motion, pursuant to CPLR 901 and 902 for class certification. Full Story
Here’s a common scenario: After unsuccessfully moving for class certification and having a petition for review under Federal Rule of Civil Procedure 23(f) rebuffed, the plaintiff wants to take another shot at an appeal. Can the plaintiff simply settle his individual claims—subject to his right to appeal the denial of class certification—so that he has a dismissal giving him an automatic right to an immediate appeal? Full Story
Brenda Kennedy was hospitalized in 2009 for four days. She had an insurance policy from United American that paid benefits for each day that she spent in the hospital, and she assigned those benefits to the hospital. Full Story
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