Excalibur: The Divisional Court Affirms That Class Actions Are Not Always Preferable and That Ontario Courts Should Not Always “Go Global”
In the recent Excalibur Special Opportunities LP v Schwartz Levitsky Feldman LLP decision, a majority of the Ontario Divisional Court upheld the ruling of Justice Perell denying certification of a proposed global class action on the basis that it failed to meet the preferable procedure and identifiable class requirements.
On Friday, July 10, 2015, the Federal Communications Commission (FCC) issued an omnibus, Declaratory Ruling and Order (FCC Ruling) seeking to clarify certain ambiguities in the Telephone Consumer Protection Act (TCPA).
The Internet of Things and the Inevitable Collision with Products Liability, published in February 2015, identified a number of factors leading to the emergence and phenomenal growth of the Internet of Things (IoT).
Missouri Court of Appeals Finds Juror Research into Who Receives Punitive Damages Awards Non-Prejudicial
The Missouri courts seem to provide more than their share of material worthy of comment. In Ross-Paige v. St. Louis Metropolitan Police Department, decided on June 30, a jury had found for the plaintiff, a St. Louis police officer, on her claim of retaliation under the Missouri Human Rights Act.
Third party debt buyers may face increased threat of state-law class action lawsuits after a recent Second Circuit ruling prohibiting such debt buyers from invoking federal preemption defenses under the National Bank Act to defeat state-law usury claims.
Sixth Circuit Gives Dukes Class Members a Re-Do, Allowing Them to Pursue Class Certification of Sex Bias Claims Against Wal-Mart
Whereas Wal-Mart scored a major victory for employers in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), its saga continues as former class members continue to pursue class claims in regional forums.
“How are courts doing when it comes to interpreting the statistical data that goes into their decision-making?”
On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny of the U.S. Supreme Court’s famous decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011).
Earlier this week, the Seventh Circuit issued a ruling in Lu Junhong v. Boeing Co. that defendants can remove cases to federal court under admiralty jurisdiction alone.