More Uncertainty in Managing Multi-jurisdictional Class Actions: Leave to Appeal Granted in Ammazzini V Anglo American PLC

More Uncertainty in Managing Multi-jurisdictional Class Actions: Leave to Appeal Granted in Ammazzini V Anglo American PLC

In the recent decision of Ammazzini v Anglo American PLC (“Ammazzini”), 2016 SKCA 73, the Saskatchewan Court of Appeal granted leave to appeal an order made in chambers conditionally staying a proposed multi-jurisdictional class action (the Ammazzini Action) against the respondents, Anglo American PLC, De Beers Canada Inc. and others, pending a certification decision in a similar class action commenced in Ontario by Kirk Brant (the Brant Action).

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Texas Court of Appeals Reduces $115 Million Punitive Award to a Mere Shadow of Itself

By | Guideposts | July 19, 2016
Texas Court of Appeals Reduces $115 Million Punitive Award to a Mere Shadow of Itself

Courts applying BMW and State Farm often emphasize the Supreme Court’s admonition that the constitutional line is not “marked by a simple mathematical formula”—typically when rejecting a defendant’s argument that the ratio of punitive to compensatory damages is indicative of an excessive award.  But in Mercedes-Benz USA v. Carduco, Inc., the Texas Court of Appeals showed that this dictum is a two-way street, reducing a punitive award to a small fraction of the compensatory damages.

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After a Decade of Mixed Results, EEOC Rebrands Its Systemic Discrimination Litigation Program

After a Decade of Mixed Results, EEOC Rebrands Its Systemic Discrimination Litigation Program

With the publication of a ten-year review of its systemic discrimination program on July 7, 2016, the EEOC seeks to blunt employer and judicial scrutiny of the EEOC’s litigation practices by emphasizing its internal staffing and technological improvements, the gains it has made over time in number of people served, programmatic relief achieved, and monetary relief obtained, and its vision for the future as a nationwide law enforcement agency uniquely positioned to overcome challenges faced by the private bar in avoiding binding employment arbitration agreements and securing class-wide relief under Title VII.

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Sandhu V. HSBC Finance Mortgages Inc.: Disqualifying Representative Plaintiffs for the Use of Pre-certification “extortionate” Settlement Tactics in Fee Disclosure Case

Sandhu V. HSBC Finance Mortgages Inc.: Disqualifying Representative Plaintiffs for the Use of Pre-certification “extortionate” Settlement Tactics in Fee Disclosure Case

Recently in Sandhu v. HSBC Finance Mortgages Inc., 2016 BCCA 301, the British Columbia Court of Appeal (the “BCCA”) decertified a class action where the plaintiffs sought damages or restitution from HSBC Finance Mortgages Inc. and the Household Trust Company in relation to title insurance fees.

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