“Labels matter,” the California Supreme Court began its unanimous December 3 opinion. Expect that to be the new rallying cry of plaintiff class action lawyers when suing consumer companies for alleged false advertising. The California Supreme Court held that state law claims of intentional mislabeling produce as organic are not preempted by the Organic Food Act of 1990 (7 U.S.C. §§ 6501-6522). Whether this ruling will be limited to just that federal act or will have ... Keep Reading »
State Courts Class Action Articles
The latest class action developments and trends in State Courts, including news, key cases, and strategies.
Across industries, companies spent $2 billion on class action lawsuits in 2014, slightly less than the $2.1 billion they spent in 2013. This year, spending is expected to return to 2013 levels. Companies’ class action dockets increased on average by one new case in 2014, bringing the average number of class actions managed to five. This total is expected to remain constant in 2015, as the number of new matters is likely to be offset by those resolved. As before, ... Keep Reading »
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 »
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’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 »