On May 13, 2020, the Ninth Circuit Court of Appeals affirmed the remand of a wage and hour class action lawsuit filed in California state court based on the home state exception to the Class Action Fairness Act (CAFA). In its opinion affirming the remand, the Ninth Circuit explored both parts of the home state exception. Defendant West Marine removed the lawsuit to federal court under CAFA. There was no dispute that West Marine’s CAFA removal satisfied the statutory ... Keep Reading »
COVID-19 Insurance Coverage Class Actions
Over the last month, there have been numerous lawsuits across the country by policyholders seeking insurance coverage for losses they claim are resulting from the COVID-19 pandemic. In the last two weeks, the new trend has been to file these claims as class actions. Several of the nation’s top plaintiff-side class action law firms have filed class action lawsuits seeking coverage for nationwide classes of policyholders. These cases have been filed all over the country ... Keep Reading »
More Alike Than Different: Sixth Circuit Instructs MDL Court to Find Efficiencies Within Federal Rules Governing Individual Cases
Judges presiding over multidistrict litigations, known as MDLs, must walk a tightrope between individual and collective needs. As the Sixth Circuit reminded us in a recent decision, In re National Prescription Opiate Litigation, this can be an especially challenging balancing act for a district judge. On the one hand, MDL courts operate within the Federal Rules of Civil Procedure, designed largely to adjudicate individual cases. On the other hand, an MDL exists so that ... Keep Reading »
The Litigation Curve Does Not Flatten: COVID-19 Class Action Filings Approach 300
As we first reported in early April, the COVID-19 pandemic has resulted in a class action feeding frenzy among the plaintiffs’ class action bar. COVID-19 class action case filings have risen to more than 280 as of May 4, 2020. As the litigation trend comes into focus, three industries have emerged as the largest targets: insurers of businesses suffering losses due to shutdowns and curtailments; colleges and universities whose students are demanding refunds of tuition and ... Keep Reading »
Class Actions Against Colleges and Universities Demanding Reimbursement of Tuition and Fees: What Schools Need to Know to Be Prepared and Are Independent Schools Next?
In recent weeks, at least 42 putative class action lawsuits have been filed against colleges and universities across the country related to campus shutdowns and the move to online education necessitated by the COVID-19 pandemic. More lawsuits are being filed on a weekly basis. This litigation is a concerning development for higher education already struggling to respond to the pandemic. These lawsuits should also concern independent schools because they too provide ... Keep Reading »
The Next Wave Crashes Ashore With a Rising Tide of New COVID-19 Class Actions
Updated on April 22, 2020 When we first published this article on April 14, 2020, there were 72 class action cases filed in the United States related to and directly referencing the global COVID-19 pandemic. That number has now nearly doubled to 124 cases and counting. A list of the cases we have compiled to date may be found here. More are being filed on a daily basis, and as businesses reel from the impact of closures, work-from-home plans, efforts to maintain ... Keep Reading »
Amid COVID-19 Pandemic, LA Fitness Customers Exercise to Work Out Their Monthly Fees
As Americans face drastic changes to their daily routines due to the coronavirus, a South Florida plaintiff has brought a class action lawsuit against LA Fitness, alleging counts of unjust enrichment and negligence for LA Fitness’ alleged refusal to refund its members’ monthly fees. In his complaint, Kip Barnett alleges that, at the beginning of March, he paid his LA Fitness membership fee. Due to the coronavirus, however, on March 16, LA Fitness closed its facilities ... Keep Reading »
Price Gouging During the COVID-19 Pandemic: Armas v. Amazon Inc.
The COVID-19 pandemic created a run on certain personal hygiene products due to the fear of a widespread outbreak in the United States. Those scarce supplies include hand sanitizer, disinfecting wipes, gloves, masks, and toilet paper. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA), enacted after Hurricane Andrew in 1992, prohibits unconscionable prices for the sale of essential commodities during a declared state of emergency. On March 9, 2020, Florida ... Keep Reading »
New Putative Class Action in South Florida Tackles COVID-19 Outbreak Head-On
In the wake of the COVID-19 pandemic, class action litigation of various types has been initiated, ranging from consumer to employment class actions. Most of these class actions seemingly relate to companies' reactions to the pandemic, but a recent class action filed in the Southern District of Florida addresses the COVID-19 pandemic head-on. In early March, a complaint was filed by Logan Alters and other named plaintiffs, on behalf of themselves and others similarly ... Keep Reading »
Forewarned Is Forearmed: Why Companies Need to Review Their COBRA Notices to Avoid Growing Class Action Trend
Even before the current pandemic crisis, we have noticed a growing trend in the filing of class action lawsuits challenging, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), notices required to be issued by covered employers regarding continuation health care coverage available to employees and their beneficiaries under a variety of circumstances, including involuntary or voluntary job loss. We believe that trend will only accelerate in the wake of ... Keep Reading »
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