Zillow Fesses Up About RESPA Investigation

What was once rumor has now been confirmed: The Consumer Financial Protection Bureau is targeting tech giant Zillow.com for possible violations of the Real Estate Settlement Procedures Act. Expect an epic battle. In a May 4, 2017, filing with federal regulators, the parent company of Zillow.com, Zillow Group, Inc., divulged that the CFPB is considering taking legal action against the company for its online co-marketing program, which has quickly come to dominate the industry. View Full Post
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CAFA Jurisdiction Cannot Be Obtained Through Defendant’s Request for Consolidation of Cases

Mcpeters v. Bayer Corp., 2017 WL 57250 (E.D. Mo. Jan. 5, 2017). In remanding this case back to state court, a Missouri District Court  found that cases involving fewer than 100 plaintiffs cannot be removed under CAFA through a defendant’s call for consolidation of similar cases, which would increase the amount of plaintiffs to reach the CAFA threshold. View Full Post
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Quebec Superior Court Grants a Defendant Pre-Trial Discovery of Six Class Members

By Vincent Boutet-Lehouillier Vincent Boutet-Lehouillier In Martel v. Kia Canada inc., 2017 QCCS 976, the Quebec Superior Court (Justice Chantal Tremblay) ruled on a motion by the defendant to examine class members. The motion was filed by Kia shortly after class counsel stated that they would call six previously unannounced witnesses at trial, all class members. View Full Post
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Florida Federal Court Grants Conditional Certification in ADEA Collective Action Following Employer’s Reduction-in-Force

middle-district-of-florida-stampBy Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a motion to conditionally certify a collective action of employees who worked at the employer’s Tampa, Florida location, but denied a motion to certify a nationwide collective action. View Full Post
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Employers Face Increased Risk of FMLA Class Actions As Court Holds That FMLA Claims Are Appropriate for Class Certification Under Rule 23

FMLA-300x289By Gerald L. Maatman, Jr. and Thomas E. Ahlering Seyfarth Synopsis:  A recent decision has added to the chorus of courts recognizing that FMLA class actions must be pursued under Rule 23 and are often appropriate for class certification.  View Full Post
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California Supreme Court Clarifies “Day of Rest” Requirements

Managing life's timetableCalifornia’s employment laws have consistently caused headaches for employers because even minor technical violations of these laws can fuel class action litigation and prove costly. However, a recent decision by the California Supreme Court, Mendoza v. Nordstrom, Inc. (SC S224611), provides some clarity by tackling three burning questions regarding California’s day of rest statutes – Labor Code sections 552 and 556. View Full Post
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