ERISA benefit claims are frequently of only modest size individually, but can become overwhelming in a class context.
The litigation against manufacturers of pelvic mesh devices continues to increase nationwide. A pelvic mesh implant is a synthetic material implanted and tied to ligaments or bone to lift and support internal organs. The implants were introduced over a decade ago, and can serve as an alternative to a hysterectomy. Thousands of women, who were allegedly uninformed about the dangers involved with the mesh implants, have since complained of injuries, including severe pain, infections and bleeding that often require follow-up surgeries.
Canadian courts routinely certify the interpretation of contracts as common issues in class actions. Following the Supreme Court of Canada’s recent decision in Sattva Capital Corp v Creston Moly Corp, however, this practice may come into question. Though Sattva was not a class action, it may nevertheless open the door to arguments that contractual interpretation raises individual variability and should not be certified as a common issue.
In the modern international business, it is common practice to have subsidiaries spread across the globe. The local subsidiary poses many advantages; allowing the business to meet local compliance requirements; insulate the rest of the group from local risks; and efficiently structure the tax burden of the local operation.
The California Court of Appeal Disregards Differences Among Cell Phone Plans; Orders Reconsideration of Refusal to Certify Class Seeking Reimbursement of Employee Expenses
We are now seeing “bring your own device policies” in the class action context, and at least one court has glossed over differences among cell phone plans and usage to leave open the possibility of certifying a class in that context.
In Ontario, the motion for leave to commence a claim under the Ontario Securities Act (“OSA”) is usually heard at the same time as the certification motion in a prospective class action.
In a recent food mislabeling case, Judge Manuel Real of the Central District of California dismissed a proposed class action lawsuit finding the plaintiffs’ claims to be implausible as a matter of law.
If you read this blog, you have an interest in the very exciting subject of class actions against insurance companies. Either that or, more likely, it’s useful to your job to read the blog.
Have you read any of the following lately?
In recent months, there have been a number of securities class action lawsuits filed based on alleged misrepresentations of the defendant company’s environmental compliance.