Two readers sent me tips yesterday on important decisions from the Second and Third Circuit Courts of Appeals that will be of interest to class action practitioners: First, John G. Papianou of the Philadelphia firm Montgomery, McCracken, Walker & Rhoads, LLP forwarded a copy of the Third Circuit’s decision in Long v. Tommy Hilfiger U.S.A., Inc., No. 11-1554 (3d Cir., [...]
Archive for the ‘Consumer Class Actions’ Category
The Third Circuit Clarifies the Facts About FACTA While the Second Circuit Has a Different Concepcion of Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Class Action Trends, Consumer Class Actions, Supreme Court Decisions, tagged arbitration, circuit court of appeals, class arbitration waiver, concepcion, consumer class action, credit card, expiration date, FAA, FACTA, hilfiger, scotus, second circuit, stolt-nielsen, Supreme Court, third circuit on February 2, 2012 | 1 Comment »
Will AT&T Mobility v. Concepcion Really Kill the Consumer Class Action?
Posted in Commentary, Consumer Class Actions, Practice Tips, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class arbitration, class arbitration waiver, class waiver, concepcion, consumer class action, scalia, Supreme Court on May 25, 2011 | 6 Comments »
Daniel Fisher, who writes the Full Disclosure blog at Forbes.com, posted an article last Friday titled Has Scalia Killed the Class Action? Fisher’s article one of the best I’ve seen in discussing the potential practical impact that the Supreme Court’s recent class arbitration waiver decision in AT&T Mobility v. Concepcion may have on future consumer class action litigation. I highly recommend it. [...]
Class Arbitration Waivers, the Sequel?
Posted in Class Action Trends, Consumer Class Actions, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class arbitration waiver, concepcion, consumer, consumer credit, credit card, croa, FAA, federal arbitration act, ninth circuit, subprime on May 4, 2011 | Leave a Comment »
Last week, following the Supreme Court’s decision in AT&T Mobility v. Concepcion, I commented that the decision does not answer the question whether a federal court has the power to declare a class arbitration waiver unconscionable. Although not on this precise issue, the Court has granted cert on a related issue relating to the enforceability [...]
BH Executive Alert: Seventh Circuit Issues Significant Decision on Consumer Injunctive Relief Class
Posted in Class Action Decisions, Consumer Class Actions, Federal Civil Procedure, Federal Court Decisions, tagged 23(b)(2), Baker Hostetler, injunctive class action, injunctive relief, kartman, seventh circuit on February 24, 2011 | Leave a Comment »
The Baker Hostetler website has a new Executive Alert discussing the Seventh Circuit Court of Appeals’ decision in Kartman v. State Farm Mut. Automobile Ins. Co., Case no. 09-1725, 2011 U.S. App. LEXIS 2830, and its potential implications. Kartman addressed, among other things, the applicability of Rule 23(b)(2) to consumer class actions in which the ultimate goal is [...]
California Court of Appeal Decision Applying the Filed Rate Doctrine to Insurance Rates Stays Published
Posted in Class Action Decisions, Class Action News, Class Action Trends, Consumer Class Actions, tagged 21st century, california court of appeal, consumer class action, filed rate doctrine, insuance rate, insurance class action, mackay, ratemaking on January 19, 2011 | Leave a Comment »
The filed rate doctrine is an important concept that comes into play in many consumer class actions, including those against public utilities, telecommunications providers, and insurers, that challenge the amounts charged by a regulated provider for its services. In its broadest sense, the doctrine holds that a regulated entity cannot be sued for charging allegedly excessive rates if [...]
A Breach of Contract Doesn’t Equal Fraud, and Other Observations
Posted in Federal Court Decisions, Class Action Decisions, Consumer Class Actions, tagged CAFA, Class Action Fairness Act, consumer class action, consumer fraud, greenberger, geico, federal jurisdiction, breach of contract, fraud, insurance class action, avery, aftermarket parts, fiduciary on January 11, 2011 | 1 Comment »
Two colleagues separately sent me a copy of the Seventh Circuit Court of Appeals’ decision yesterday in Greenberger v. GEICO General Insurance Co., slip op., No. 09-1603 (7th Cir., Jan. 10, 2011) (Sykes, J.), so I thought it was worthy of a summary. Greenberger involved would-be class action claims against an insurer for the alleged practice of not [...]
Class Action Blogosphere Periodic Review
Posted in Class Action Trends, Supreme Court Decisions, Class Action News, Employment Class Actions, Class Action Decisions, Securities Class Actions, Consumer Class Actions, tagged collateral estoppel, consumer class action, securities class action, class arbitration waiver, class action waiver, wage and hour class action, ascertainability, concepcion, AT&T Mobility, all writs act, fast food class action, mcdonald's class action, expert witness discovery, rule 26(a)(2), oppression remedy, hooters on November 9, 2010 | 2 Comments »
It’s back! We can’t promise that it will appear weekly, so we changed the name to Class Action Blogosphere “Periodic” Review. But, as always, we have combed through our favorite blogs and news feeds to bring our readers up to speed on a some of the notable developments in class action news. The End of [...]
Colorado Supreme Court Rejects “Fraud on the Market” Theory in Consumer Insurance Class Action
Posted in Class Action Decisions, Colorado Class Action News, Consumer Class Actions, tagged affiliated ute, consumer class action, fraud on the market, loss causation, presumed reliance, presumption of reliance, price inflation, securities class action on April 27, 2009 | 4 Comments »
The Colorado Supreme Court issued one of its most significant class action decisions in recent years today in Farmers Ins. Exch. v. Benzing, No. 07SC483 (Colo., April 27, 2009), rejecting the so-called “fraud on the market” theory of reliance and loss causation in an insurance class action. Justice Bender authored the decision on behalf of [...]
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Concepcion Point/Counterpoint
Posted in Class Action Trends, Commentary, Consumer Class Actions, tagged arbitration, arbitration waiver, AT&T Mobility, class action abuse, class action lawyer, class arbitration waiver, concepcion, consumer class action, corporate greed, defense lawyer, entrepreneurial litigation, plaintiffs' lawyer, scalia, trial lawyer on May 26, 2011 | 2 Comments »
In response yesterday’s entry discussing Daniel Fisher’s article on the potential impacts of Concepcion, I got one of the best comments that I’ve ever received on this site. It comes from Portland complex injury and consumer class action attorney David Sugerman, who blogs at www.davidsugerman.com. Of course, I disagree with just about every word of it, but with imagery like a bunch [...]
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