Class Action & Mass Torts

In a mixed ruling, a California state court judge in Villegas v. Six Flags Entertainment Corp., Case No. BC505344, issued a decision last week denying certification of eight subclasses of amusement park workers, but indicating she would consider certification of several others pending further briefing.  Basis of Complaint In 2013, a group of four plaintiffs...… Continue Reading
Plaintiffs Must Invoke CAFA Jurisdiction if “Reasonable Probability” Exists that the Damages Totalled $5 Million

Boyd v. NYCTL 1996-1 Trust, 2017 WL 2589388 (2d Cir. June 15, 2017). In this summary order, while affirming the judgment of a district court dismissing the plaintiffs’ claims, the Second Circuit found that there was a “reasonable probability” that the plaintiffs’ damages totalled at least $5 million, and the plaintiffs could have invoked CAFA...

The post Plaintiffs Must Invoke CAFA Jurisdiction if “Reasonable Probability” Exists that the Damages Totalled $5 Million appeared first on CAFA Law Blog.

In Roppo v. Travelers Commercial Insurance Company, the Seventh Circuit held that even after a motion to remand CAFA removal jurisdiction can be sufficiently established by a defendant’s “good faith estimates” of the amount in controversy based on the number of class members plaintiff had alleged in the complaint. The lawsuit challenged Travelers’ alleged practice of... Continue Reading
When Defendant Makes A ‘Facial’ Challenge To Complaint, The Plaintiff Has No Evidentiary Burden At The Pleadings Stage

John v Whole Foods Market Group Inc., 858 F.3d 732 (2d Cir. June 2, 2017). In this action, while vacating a district court’s order dismissing the plaintiff’s complaint, the Second Circuit found that when the defendant asserts a “facial” challenge to standing, the courts should continue to draw from the pleadings all reasonable inferences in...

The post When Defendant Makes A ‘Facial’ Challenge To Complaint, The Plaintiff Has No Evidentiary Burden At The Pleadings Stage appeared first on CAFA Law Blog.

According to a study published by the Journal of the American Medical Association, from 2000 to 2015, opioid-involved poisoning deaths erased approximately two and a half months from overall life expectancy at birth in the United States. Other studies, news reports, government agencies, and medical journals are addressing opioid deaths as a public health crisis...

The post Opioid Epidemic Lowers Overall Life Expectancy In U.S. appeared first on Mass Torts Law Blog.

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CFPB Overreaches in Handling Alleged RESPA ABA Exemption Issues in Meridian On September 27, 2017, the Consumer Financial Protection Bureau (CFPB) announced the settlement of its Real Estate Settlement Procedures Act (RESPA) enforcement action against Meridian Title Corp. (Meridian), an Indiana-based title insurance agency, based on alleged title insurance referrals made to an underwriter partially owned by three of Meridian’s executives. The CFPB faulted Meridian for...… Continue reading this entry
Business Groups File Federal Lawsuit to Challenge CFPB Arbitration Rule On September 29, 2017, the U.S. Chamber of Commerce, the Texas Association of Business, and various other national and Texas statewide business organizations and trade groups (together, Plaintiffs) filed a federal lawsuit in Dallas, Texas challenging the constitutionality of a Consumer Financial Protection Bureau (CFPB) rule designed to prohibit providers of certain consumer financial products...… Continue reading this entry
Eleventh Circuit Outlines the Key to an Individual Arbitration Agreement The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017), the plaintiffs brought a putative class action lawsuit claiming defendant KeyBank had improperly sequenced debit card transactions. KeyBank moved to compel arbitration on an individual basis...… Continue Reading