Class Action & Mass Torts

California legislature seeks to clarify Prop 65 certificate of merit discovery rules The California Legislature has done something it’s found exceedingly difficult to do since Proposition 65’s adoption by ballot initiative 31 years ago: amend the law. For only the third time since 1986, the Legislature has made substantive revisions to Prop 65 that focus on the private enforcement mechanism. Since 2001, private enforcers who serve a … Continue reading

The number of cases involving the anti-psychotic drug Risperdal almost tripled in the first half of 2017, jumping from approximately 2,000 cases at the beginning of the year to more than 5,500 as of June 2017, comprising the largest mass tort litigation in Philadelphia. The new filings in the Risperdal litigation were largely triggered when... Continue Reading

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Once Citizenship Prerequisites Have Been Established, Courts Consider a Six-Factor Balancing Test when Determining Whether to Exercise the Discretionary-Remand Exception under CAFA

Speed v. JMA Energy Co., 2017 WL 2547240 (E.D. Ok. June 13, 2017). Once the court had determined that a sufficient number of the plaintiffs and the primary defendants were citizens all citizens of the state in which the suit had been brought, it weighed the remaining six factors under 28 U.S.C. § 1132(d)(3)(A)–(F) and decided...

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New Class Action Litigation Risks – What Businesses Need To Know

Seyfarth Synopsis: The plaintiffs’ bar has recently brought a flurry of class action lawsuits against businesses under the Illinois Biometric Information Privacy Act, commonly known as “BIPA.”  In this Vlog, Seyfarth Shaw Associate Alex Karasik sits down with esteemed class action litigator, Partner Jerry Maatman, to discuss this emerging legal trend, and to provide employers guidance on how to prevent Continue Reading

Federal Courts Have Jurisdiction Over All Claims if They Have Jurisdiction Over Some, and CAFA Doesn’t Support Claim-Splitting or Partial Remand of a Specific Remedy

Chuang v. Dr Pepper Snapple, 2017 WL 2463951 (C.D. Cal. Jun 7, 2017). In denying the plaintiff’s motion to remand, a District Court in California found that the presence of at least some claims over which the district court has original jurisdiction is sufficient to allow removal of an entire case, even if other claims...

The post Federal Courts Have Jurisdiction Over All Claims if They Have Jurisdiction Over Some, and CAFA Doesn’t Support Claim-Splitting or Partial Remand of a Specific Remedy appeared first on CAFA Law Blog.

You Can’t Ignore RESPA Section 8(c) It’s been over a year since the Consumer Financial Protection Bureau (CFPB) turned the real estate settlement services industry on its head by announcing in its first ever administrative appeal that Section 8(c) of the Real Estate Settlement Procedures Act (RESPA) was not, as it had long been interpreted, a series of safe harbor exemptions...… Continue reading this entry
Interest Payments Tied Solely To Delay In Paying Amounts In Controversy Insufficient To Establish CAFA Jurisdiction

Whisenant v. Sheridan Production Co., LLC, 627 F. App’x. 706 (10th Cir. 2015) This decision concerns the reversal of a denial of a motion to remand. Plaintiff brought a putative class action in Oklahoma state court against a natural gas production company, alleging that it failed to pay or underpaid royalties for natural gas wells....

The post Interest Payments Tied Solely To Delay In Paying Amounts In Controversy Insufficient To Establish CAFA Jurisdiction appeared first on CAFA Law Blog.

Walter v Western Hockey League Part 2: Plaintiffs Score on Class Action Certification

By Sierra Bilyk and Lan Nguyen

Last year we wrote [1] about the commencement of a class action lawsuit, Walter v Western Hockey League, taken against the Western Hockey League (WHL) and its umbrella organization, the Canadian Hockey League (CHL). This league also includes clubs in the American states of Oregon and Washington. In that post we discussed the admissibility of evidence and pre-certification disclosure in connection to two pre-certification decisions. In this post, we continue the saga with the recent decision [2] of the Alberta Court of Queen’s Bench wherein the representative plaintiffs seek to have their action certified in Alberta under the Class Proceedings Act [3].… Continue Reading

A post-complaint settlement demand constitutes an “other paper” for purposes of CAFA removal.

Gibson v Clean Harbors Environmental Services Inc, 2016 WL 3960875 (W.D. Ark. June 28, 2016). In this action, the Magistrate Judge held that the plaintiffs’ settlement correspondence provided the defendant significant detail, which made the case removable. The plaintiff residents filed a putative class-action in state court that alleged the defendant, Clean Harbors El Dorado,...

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