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 »
Employers and Employees Look Ahead to Potential Impact of SCOTUS Rulings on Arbitrations vs Class Action Cases
Carlton Fields Shareholder Julianna Thomas McCabe was quoted by CNBC in an article about whether the U.S. Supreme Court will make it harder for workers to take their employers to court. A fair arbitration is better and faster than a trial for both parties, said McCabe, who leads the firm’s National Class Actions practice group. McCabe told CNBC the Supreme Court appears “extremely interested in this issue” ahead of oral argument in Henry Schein Inc. v. Archer and White ... Keep Reading »
Put This in Your Pipe: Supreme Court Rules 9-0 That American Pipe Tolling Does Not Permit Filing of Serial Class Actions Beyond the Statute of Limitations
As we previously reported, last year the Ninth Circuit in Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), joined a circuit split when it held that the statute of limitations did not bar a third successive putative class action alleging securities fraud claims against a fertilizer manufacturer. The Ninth Circuit’s decision would have expanded the American Pipe equitable tolling rule to allow absent members of an uncertified class to ... Keep Reading »
SCOTUS to Determine Enforceability of Class Action Waivers in Employment Contract Arbitration Clauses
Today the United States Supreme Court granted and consolidated three petitions for certiorari related to the validity of class action waiver clauses in employer/employee arbitration agreements. The Court has consolidated the petitions in Epic Systems Corp. v. Lewis (No. 16-285), Ernst & Young v. Morris (No. 16-300), and NLRB v. Murphy Oil USA, Inc. (No. 16-307). Classified previously blogged about the Ninth Circuit’s decision finding Ernst & Young’s class ... Keep Reading »
CFPB Publishes Proposed Rule Banning Pre-Dispute Arbitration Agreements in Consumer Class Actions
This week, the Consumer Financial Protection Bureau (CFPB or Bureau) published a proposed rule which would prohibit application of pre-dispute arbitration agreements to class litigation involving a broad range of consumer financial products and services. Publication of the proposed rule was expected, as the Bureau announced in October its intention to do so based on its study findings that pre-dispute arbitration agreements "effectively prohibit" class litigation and ... Keep Reading »
2016 Carlton Fields Class Action Survey Reveals Important Trends in Class Action Management
The fifth annual edition of the Carlton Fields Class Action Survey has just been released, and in this year’s survey corporate counsel report that class action spending has increased after four consecutive years of decline. Spending is also projected to increase in 2016. This marks a key turning point. The Numbers Across industries, the companies surveyed report that they spent $2.1 billion on class action lawsuits in 2015. The number of companies facing at least one ... Keep Reading »
Event: DRI Class Actions (July 23-24, 2015)
DRI will be hosting Class Actions: Latest Developments in Law and Practice July 23-24, 2015 at the JW Marriott in Washington, D.C. This high level seminar experience is hosted by an interdisciplinary collection of DRI committees and offers a stellar opportunity to sharpen your class action defense skills in the presence of the best in the business. Attendees will have the opportunity to build their books of contacts at a variety of networking events, where the finest ... Keep Reading »