The FDA announced yesterday that it is revisiting a draft guidance issued in 2009 that generated a significant amount of class action litigation over the last year.
If at first you don’t succeed, try again, unless you’re trying to bring a class action lawsuit against Instagram because it will be dismissed by two separate judges.
This week, the U.S. Supreme Court (“USSC”) heard oral argument in Haliburton Co. v Erica P. John Fund, Inc. (“Haliburton”).
In its recent decision in Cavanaugh v Grenville Christian College, the Ontario Divisional Court applied the Supreme Court of Canada’s recently “refined” analytical framework for the preferable procedure inquiry to reverse the decision of an experienced class actions judge and certify a class action against a boarding school and individual employees.
As we’ve commented before, disability claims are particularly poor fodder for class actions. Unlike other protected traits, there are often threshold questions as to whether an individual is even in a protected class.
I don’t usually do guest posts–Class Action Countermeasures is largely a solo proprietorship–but Adam Schulman of the Center for Class Action Fairness spotted a new settlement tactic out in the wild that proved interesting enough to justify an exception.
Does today’s oral argument before the Supreme Court in the Halliburton case provide any clues regarding the Court’s likely decision? (For background regarding the case, see yesterday’s post.)
Typically class actions and claims for insurance bad faith do not mix. This is for the simple reason that insurance bad faith actions usually involve individualized facts, individualized policies and separate claims handling.
Sometimes in the rush to meet Rule 23(a) and (b)’s requirements, what gets overlooked is whether there is any underlying claim in the first place. In a refreshing opinion, the Southern District of New York disposed of a claimed ERISA class action for the reason that, irrespective of any class allegations, the defendant was not alleged to have done anything illegal.
Data Breach Class Action Settlement Gets Final Approval – Payment to Be Made to Class Members Who Did Not Experience ID Theft
Last week, a judge for the Southern District of Florida gave final approval to a settlement between health insurance provider AvMed and plaintiffs in a class action stemming from a 2009 data breach of 1.2 million sensitive records from unencrypted laptops.