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 [...]
Posts Tagged ‘consumer class action’
A Breach of Contract Doesn’t Equal Fraud, and Other Observations
Posted in Class Action Decisions, Consumer Class Actions, Federal Court Decisions, tagged aftermarket parts, avery, breach of contract, CAFA, Class Action Fairness Act, consumer class action, consumer fraud, federal jurisdiction, fiduciary, fraud, geico, greenberger, insurance class action on January 11, 2011 | 1 Comment »
Could Proposed Product Recall Law Mean More Class Actions in Canada?
Posted in class action reform, Class Action Trends, International Class Action Law, tagged canada class action, canadian class action, Class Action Trends, class actions in canada, consumer class action, consumer protection, International Class Action Law, product recall on November 30, 2010 | Leave a Comment »
Debate about legal reforms outside the U.S. can often provide a revealing look at the strengths and weaknesses of the U.S. legal system. For policymakers in other countries, U.S. consumer protection laws can be the gold standard for access to justice and, at the same time, the epitome of litigiousness run amok. As an example, check out today’s column from Globe and Mail law reporter [...]
Class Action Blogosphere Periodic Review
Posted in Class Action Decisions, Class Action News, Class Action Trends, Consumer Class Actions, Employment Class Actions, Securities Class Actions, Supreme Court Decisions, tagged all writs act, ascertainability, AT&T Mobility, class action waiver, class arbitration waiver, collateral estoppel, concepcion, consumer class action, expert witness discovery, fast food class action, hooters, mcdonald's class action, oppression remedy, rule 26(a)(2), securities class action, wage and hour class action 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 [...]
Another Common Reliance Theory Fails in Colorado
Posted in Class Action Decisions, Colorado Class Action News, tagged affiliated ute, benzing, common proof, consumer class action, consumer fraud, fraud on the market, presumed reliance on November 12, 2009 | Leave a Comment »
In April, the Colorado Supreme Court decided Farmers Ins. Exchange v. Benzing, 206 P.3d 812 (Colo. 2009), in which it rejected the “fraud on the market” theory of reliance in a consumer class action. Now, Garcia v. Medved Chevrolet, Inc., No. 09CA1465 (Colo. Ct. App., Nov. 12, 2009), the Colorado Court of Appeals has rejected the [...]
EU Stakeholders Debate Consumer Mass Actions
Posted in class action reform, Class Action Trends, International Class Action Law, tagged consumer class action, consumer collective action, consumer mass action, european class action, european union on August 20, 2009 | Leave a Comment »
International law firm Pinset Masons’ blog Out-law.com has an interesting article today on the potential for the implementation of a collective redress system for consumer claims in the European Union. The article addresses two reports summarizing hearings and comments received by the European Commission on the potential adoption of an EU-wide consumer collective action procedure. The [...]
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 [...]
The Latest on Class Arbitration Waivers
Posted in Class Action Trends, washington class action law, tagged class action waiver, class arbitration waiver, consumer class action, washington class action law on August 28, 2008 | 2 Comments »
Although courts have upheld class arbitration waivers–contract clauses requiring arbitration but prohibiting class treatment of claims in the arbitration–under some circumstances, the trend seems to favor striking them down as unconscionable or void as against public policy, especially in consumer contracts where any individual dispute is likely to involve only small amounts of money. The latest decision supporting that trend came today [...]
Finland’s Class Action Law a Success Although Never Once Used
Posted in Class Action Trends, Commentary, International Class Action Law, tagged capitalism, class action reform, consumer class action, consumer protection, european class action, free market, international class action, tort reform on July 2, 2008 | 3 Comments »
I have previously commented on various class action reforms being considered or implemented in Europe. These reforms and the debate surrounding them shed an interesting light on US class action law because proposed reforms are inevitably compared to the US class action procedure. On one hand, US class action procedure provides the model for the [...]
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“Not Enough Class Action Suits”
Posted in Class Action Trends, Commentary, International Class Action Law, tagged consumer class action, consumer fraud, International Class Action Law, israel class action, israeli class action, product liability class action on October 15, 2008 | 2 Comments »
The Jerusalem Times published an interesting op-ed article today praising a Tel Aviv court’s decision in a consumer class action. The case arose out of allegations that the defendant had knowingly used a carcinogenic silicon compound to line its milk cartons. The class action was brought not on behalf of a class of persons alleged to have been physically harmed by the milk [...]
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