NLRB Finds Ally in Seventh Circuit Regarding Class and Collective Action Waivers in Arbitration Agreements

NLRB Finds Ally in Seventh Circuit Regarding Class and Collective Action Waivers in Arbitration Agreements

On May 26, 2016, the Seventh Circuit issued its decision in Lewis v. Epic Systems Corporation, Case No. 15-2997, holding that an arbitration agreement providing “that covered claims will be arbitrated only on an individual basis” and that employees “waive the right to participate in or receive money or any other relief from any class, collective, or representative proceeding” impinges on employees’ Section 7 rights.

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Supreme Court Broadly Interprets “Actual Fraud” Exception to Bankruptcy Discharge

On Monday, May 16, 2016, the Supreme Court issued its decision in the case of Husky Int’l Elecs., Inc. v. Ritz, — S. Ct. —, 2016 WL 2842452 (2016) resolving a split between the Fifth and Seventh Circuit Courts of Appeal regarding the scope of the “actual fraud” exception to an individual debtor’s bankruptcy discharge.

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NY Court of Appeals Rejects No-Opt Out Class Action Settlement in Shareholder Litigation

NY Court of Appeals Rejects No-Opt Out Class Action Settlement in Shareholder Litigation

In Jinnaras v. Alfant, decided on May 5, 2015, the New York Court of Appeals rejected a proposed settlement of a shareholder class action, where the proposed settlement would have deprived out-of-state class members of a “cognizable property interest” by failing to provide a mechanism for class members residing outside of New York to opt out of the settlement.

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Seventh Circuit Revives Another Data Breach Suit — Lewert V. P.F. Chang’s China Bistro, Inc.

Seventh Circuit Revives Another Data Breach Suit — Lewert V. P.F. Chang’s China Bistro, Inc.

Plaintiffs in consumer data breach class actions have struggled to establish Article III standing. Article III standing requires an alleged ‘‘concrete and particularized injury that is fairly traceable to the challenged conduct, and is likely to be redressed by a favorable judicial decision.’’

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