Timing is Everything: District Court in New York Approves CAFA Removal Two Years After Case Filing

In a somewhat unusual ruling, a New York federal court denied an unpaid intern’s attempt to remand a putative wage-hour class action against Oscar de la Renta to state court even though the case was removed to federal court under the Class Action Fairness Act (“CAFA”) approximately two years after the case was filed. View Full Post
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White House Issues New Cybersecurity Executive Order

On May 11, President Trump issued Executive Order Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure, which centers on federal networks, critical infrastructure, and the nation’s overall cybersecurity. The order largely expands on cybersecurity recommendations developed during the Obama administration. View Full Post
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Are Your Security Tools Up to Date?

The effects of the massive cyberattack using ransomware known as “Wanna Cry” are still being felt all over the world. Tens of thousands of organizations have been infected, including the UK’s National Health Service, which ran some services on an emergency-only basis the day the attack began in earnest. View Full Post
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CAFA’s Local Controversy Exception Means Applies When an Action Has Similar Factual Allegations, Regardless of Whether There Are the Same or Similar Causes of Action

Dutcher v. Matheson, 840 F.3d 1183 (10th Cir. 2016). In this action, affirming the judgment of a district court in Utah denying the plaintiffs’ motion to remand, the Tenth Circuit found that differences in the causes of action pleaded are not enough to distinguish cases under the demands of CAFA’s local-controversy exception, which looks exclusively to whether the other case has asserted “the same or similar factual allegations,” not the same or similar causes of action. View Full Post
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Federal Judges Spar Over Mortgage-Satisfaction Lawsuit

boxingglovesLast year, the U.S. Supreme Court answered an important constitutional question: Can Congress authorize a lawsuit in which the plaintiff suffered no financial injury? The court’s disappointing answer (“it depends”) has perplexed courts across the nation. That confusion has spread to an area of vital interest to the real estate industry, the timely recording of satisfactions of mortgages. View Full Post
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FDA Warns of Amputation Risk with Prescription Drug

invokanaThe US Food and Drug Administration has issued a warning regarding the relatively new diabetes 2 drug most notably known as Invokana regarding leg and toe amputations. The warning states: Based on new data from two large clinical trials, the FDA has concluded that the type 2 diabetes medicine canagliflozin (Invokana, Invokamet, Invokamet XR) causes an increased risk of leg and foot amputations. View Full Post
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Independent Contractor Trucker Dodges FAA Arbitration and Keeps His Class Action Alive

Traffic jamIn Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related questions of first impression in that Circuit.  In the case, Dominic Oliveira had signed an Independent Contractor Operating Agreement with New Prime, Inc., which contained an arbitration provision governed by the Commercial Arbitration Rules of the American Arbitration Association.  View Full Post
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Interlocutory Review Provision is Limited to Orders Granting or Denying Remand of Class Actions Removed Under CAFA

Chan Healthcare Group PS v Liberty Mutual Fire Insurance Co., 2017 WL 24619 (9th Cir. Jan. 3, 2017). The Ninth Circuit found that the statutory exception to the general rule that remand orders are not reviewable on appeal applied only to orders granting or denying remand of diversity class actions brought and removed under CAFA–not on federal question jurisdiction. View Full Post
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