As loyal readers of our blog know, we have been following developments in an important class action case taken up by the U.S. Supreme Court relating to a long-established rule allowing the filing of class action lawsuits to toll statutes of limitations for absent class members.
Beyond the usual substantive advice—maintaining effective compliance and document management systems, for example—our class action defense team suggests that companies implement the following relatively straightforward procedural tips to avoid class actions.
After the oral argument in POM Wonderful LLC v. Coca-Cola Co. (pdf), No. 12-761, the Supreme Court appeared all but certain to allow competitors to sue for false advertising under the Lanham Act over labels of FDA-regulated food products.
One deliberately ironic facet of the 2004 film Howard Hughes bio-pic The Aviator (the one with Leonardo DiCaprio) is the fact that the airlines fighting for world dominance in the 1940s were Howard Hughes’ TWA and Juan Trippe’s Pan Am.
The cost of contesting certification in the class action context routinely runs into the hundreds of thousands of dollars.
First Do No Harm – Dental Practice Goes Too Far in Its Communications to Employees About Class Action
No employer welcomes the news that it’s just been served with a wage and hour class action. Many employers naturally desire to communicate with their employees to provide their perspective and to explain why employees may not want to participate in the class action.
California Employers Catch One of Those Rare Wage and Hour Class Action Breaks from the California Supreme Court
Sometimes California employers do get a win when battling in the minefield of California’s wage and hour laws.
On June 2, 2014, the United States Court of Appeals for the Seventh Circuit rejected a class action settlement in Eubank v. Pella Corp., Nos. 13-2091, -2133, 2136, -2162, 2202 (7th Cir., June 2, 2014) that the Court labeled “inequitable – even scandalous.”
After settling with the original defendant, the plaintiffs in a class action sued the defendant’s insurance company over a $2 million policy.
Just as the NCAA heads to federal court, they settled their way out of one case involving student athletes and their likenesses.