In the past few years, Professor Mark Moller of DePaul University Law School has proven to be one of the most thoughtful critics of modern class action law in the legal academy. While most commentators take on class action decisions from either a pro-plaintiff or pro-defendant standpoint, Professor Moller appears intent on evaluating these opinions according to the criteria set out by the arguments they advance.
A federal judge in the Central District of California has dismissed a lawsuit against Nestle over its use of “all natural” on the packaging of its Buitoni pasta products. Pelayo v. Nestle USA, Inc., Case No. 2:13-cv-05213-JFW-AJW (C.D. Cal. Oct. 25, 2013). The plaintiff alleged the term “natural” was misleading because the products contain at least two ingredients that are “synthetic” – xanthan gum and soy lecithin.
This past March, the Supreme Court asked the Solicitor General to weigh in as to whether two rather technical questions about ERISA stock-drop actions are worthy of the Court’s attention. See Fifth Third Bancorp v. Dudenhoeffer, No. 12-751.
While the percentage of class action decisions on the merits may appear higher in the province of Québec than elsewhere, it is interesting to note that more than half of the Québec class action decisions rendered in 2013 concerned approvals of class action settlements.
In a precedential opinion, the Third Circuit in Vodenichar v. Halcón Energy Properties, Inc., clarified the “home state” and “local controversy” exceptions to federal subject matter jurisdiction under the Class Action Fairness Act (“CAFA”).
Sixth Circuit Court of Appeals Decision Another Victory for Employers Seeking to Avoid Class Actions
Just last week Mintz Levin presented a webinar on how employers can use arbitration agreements as a tool to avoid exposure to wage and hour and other class actions.
As I have previously blogged, my colleagues and I have filed certiorari petitions in two significant cases affecting class-action litigation, Sears Roebuck & Co. v. Butler (pdf) and Whirlpool Corp. v. Glazer (pdf). The petitions challenge decisions that bless broad class actions on behalf of largely uninjured purchasers of front-loading washing machines whose product-defect claims depend on the particular model purchased, the purchaser’s use and care of the machine, and numerous other purchaser-specific determinations.
Class Actions and the Supreme Court: Exploring This Term’s Biggest Cases with Mayer Brown’s Archis Parasharami
On the LexBlog Network, the class action cases appearing before the Supreme Court are always the ones garnering the most attention—the reason being that many of the lawyers writing on these cases are the ones working them. One such example is today’s guest on LXBN TV: Archis Parasharami of Mayer Brown and the firm’s blog, Class Defense.
Not right away, but it’s thrown down the gauntlet. In denying certiorari in Marek v Lane, Chief Justice Roberts took the time to issue an accompanying opinion. Marek v. Lane, No. 13-136, 2013 U.S. LEXIS 7772 (Nov. 4, 2013). In it, the Chief Justice takes the time to rehearse the facts behind the controverisal Facebook Beacon settlement.