Theft or accidental loss of a laptop, thumb drive, or other device is “[t]he single most common way that protected health information is compromised.”
The size of jury verdicts is a recurrent concern of corporate defendants. In New York there are many media reports of large jury awards totaling seven and even eight figures in products liability personal injury and wrongful death cases.
In what appears to be an increasingly common practice since the Supreme Court decided Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), the Southern District of New York recently certified a class as to liability, but rejected certification as to damages.
Seventh Circuit Rejects Unbalanced “Division of Spoils” Between Class Counsel and Class Members in RadioShack Settlement
In Redman v. RadioShack Corp., the Court of Appeals for the Seventh Circuit, in an opinion by Judge Richard Posner, reversed and remanded the district court’s judgment approving the settlement terms for a class action filed against RadioShack Corp. alleging violation of the Fair and Accurate Credit Transactions Act.
Supreme Court May Clarify Procedures for Removal Under CAFA—if It Decides to Answer the Question Presented in Dart Cherokee Basin Operating Co. V. Owens
This morning I attended oral arguments at the Supreme Court in Dart Cherokee Basin Operating Co. v. Owens. The issue presented in Dart Cherokee is whether a defendant who wishes to remove a case to federal court under the Class Action Fairness Act (CAFA) is required to submit evidence supporting federal jurisdiction along with the notice of removal.
As we’ve commented before, class actions frequently take on a life of their own. They involve large sums of money, frequently raise difficult discovery and case management issues, and are subject to surprises for all the litigants.
The Court of Appeal for Ontario today denied certifying a “misclassification” class action claiming overtime pay. In doing so, the Court confirmed that where job descriptions of the proposed class are variable they do not have common issues.
Until 2006, McDonald’s Corp. was an investor in Chipotle restaurants, and according to Chipotle, there is still “a popular misconception that Chipotle restaurants are owned by McDonalds.”