State Courts Class Action Articles

The latest class action developments and trends in State Courts, including news, key cases, and strategies.

Texas High Court Holds State’s Unclaimed Property Act Does Not Preclude Cy Pres Distribution Of Unclaimed Class Action Settlement Proceeds

In a 5-4 decision, the Texas Supreme Court held that the cy pres provision of a class action settlement was not subject to the state’s Unclaimed Property Act.  After the trial court  certified a class of subcontractors whose pay allegedly had been improperly docked by the defendant contractor, the parties settled the case on a class-wide basis agreeing that the defendant would issue refund checks to the aggrieved class members.  The settlement contained a cy pres ... Keep Reading »

California Law on Arbitration Changes … Again

The California Supreme Court this week confirmed the validity of an employee's waiver of the right to bring a class action contained in an arbitration agreement. That's the good news for employers. However, the court also held that these arbitration agreements may not include a waiver of an employee's right to bring representative claims under the Private Attorney General Act (PAGA), found at Section 2698-99 of the California Labor Code. That is not good news and ... Keep Reading »

Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice

Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period.  The plaintiffs alleged that the defendant acted unfairly by distributing a product highly susceptible to theft without taking remedial steps such as notifying owners of the potential risk, in violation of Florida’s Deceptive and Unfair Trade Practices Act “(FDUTPA”). The trial court ... Keep Reading »