Recently, the Eighth Circuit decided an appeal from a decision in the District of Minnesota over a coverage dispute under a professional liability policy issued to a title insurance agency arising from alleged delays in recording mortgages in order to use their customers’ funds in escrow to pay certain fees for which the funds were not escrowed.
“Weight” of Authority Leads to Denial of Employer’s Summary Judgment Motion in Hotly Contested EEOC Pregnancy Discrimination Lawsuit
In case wrought with discovery battles – as previously discussed here – Judge Paul D. Borman of the U.S. District Court for the Eastern District of Michigan denied Weight Watchers’ motion for summary judgment in EEOC v. The WW Group, Inc., d/b/a Weight Watchers, Case No 12-CV-11124, 2013 U.S. Dist. LEXIS 169134 (E.D. Mich. Dec. 2, 2013).
2013 Themes in Canadian Class Actions: Continuing Developments in Approving and Amending Class Action Settlements
The story of class actions in 2013 has some interesting themes, some of which were furthered by the long-awaited commentary from the Supreme Court of Canada. This is the third of five posts in which we highlight five themes we saw in 2013 and how we expect them to develop in 2014.
The Ohio Supreme Court recently issued an opinion reversing the certification of a class in a case against State Farm involving repair vs. replacement of windshields on auto claims. In Cullen v. State Farm Mutual Automobile Ins. Co., 2013 Ohio 4733 (Ohio Nov. 5, 2013), the plaintiffs alleged that State Farm had a practice of improperly encouraging insureds to accept a purportedly “temporary” repair of their windshield instead of having it replaced at a higher cost
Settlement opinions are often not that interesting. The vast majority of them are by-the-numbers approvals of proposed settlements that offer little insight about how Rule 23 works. This is especially true of preliminary approval opinions.
Are Bank Directors and Officers Entitled to Less Business Judgement Rule Protection Than Other Corporate Directrors and Officers?
Are bank directors and officers sufficiently different from directors and officers of ordinary business corporations that the protections of the business judgment rule available to other directors and officers are not available to protect directors and officers of a bank?
The U.S. Supreme Court recently heard oral argument in its second case involving the Class Action Fairness Act (“CAFA”), which is Mississippi ex. rel. Hood v. AU Optronics Corp., No. 12-1036 (see oral argument transcript; SCOTUSblog page).
On November 27, 2013, the parties to the consolidated Lehman Brothers securities litigation filed with the court a stipulation of settlement pertaining to the securities class action lawsuit brought by Lehman investors against the bankrupt company’s former auditors, Ernst & Young.
The Ninth Circuit Affirms Dismissal of Lazy Cakes Suit Where Product Packaging Belies Misrepresentation and Omissions Claims
On November 18, 2013, the Ninth Circuit affirmed a district court’s dismissal of a putative class action suit against HBB, LLC. Cheramie v. HBB, LLC, Case No. 12-55148 (9th Cir. Nov. 18, 2013). HBB produces Lazy Cakes, a melatonin-laced brownie-like product.
Nevada Court Blesses Plaintiff’s Counsel Use of Facebook and Twitter to Advertise Pending Collective Action
The District of Nevada recently allowed Plaintiff’s counsel to solicit potential collective action members on Facebook and Twitter. In Gamble v. Boyd Gaming Corp., D. Nev., No. 2:13-cv-01009-JCM-PAL (Nov. 20, 2013), the plaintiff brought a collective action under the Fair Labor Standards Act on behalf of defendant’s employees that were allegedly required to work “off the clock” without pay.