Plaintiff filed a putative class action in Arkansas state court against his automobile insurer for alleged failure to pay the full amount it was contractually required to pay for his medical bills following a car accident. Specifically, the defendant insurer allegedly paid a reduced in-network rate comparable to that negotiated by health insurers, which plaintiff argued improperly left him – and a putative class of similarly situated policyholders – to pay the ... Keep Reading »
Federal District Courts Class Action Articles
The latest class action developments and trends in Federal District Courts, including news, key cases, and strategies.
Will 2015 Be The Year of the Data Breach Class Action?: Target Data Breach Claims Survive Motions to Dismiss
Various media outlets dubbed 2014 "the Year of the Data Breach." Unfortunately for businesses, breach of their secure systems by hackers may be only the beginning of the bad news – which often culminates in class action lawsuits. Although 2014 started favorably for data breach defendants, with several federal district courts granting motions to dismiss such claims, December ended on a high note for the plaintiff's bar, with two Minnesota federal district decisions ... Keep Reading »
District Court Decertifies Class Where Damages Model Did Not Satisfy Supreme Court’s Requirements as Set Forth in Comcast Corp. v. Behrend
The United States District Court for the Northern District of California recently granted a defendant’s motion to decertify a class because plaintiff’s damages model was not consistent with his theory of liability as required by the Supreme Court in Comcast Corp. v. Behrend. Plaintiff alleged that defendant’s false and misleading labeling of almond milk products violated California law, bringing claims under California’s Unfair Competition Law, False Advertising Law, and ... Keep Reading »
California District Court Finds that CAFA’s Amount-in-Controversy Requirement was Satisfied; Denies Motion to Remand
The U.S. District Court for the Northern District of California denied plaintiff’s motion to remand, holding that plaintiff’s claim for unpaid wages and overtime satisfied CAFA’s amount-in-controversy requirement. Plaintiff’s class action complaint alleged that Finish Line violated the California Labor Code and Business and Professions Code by, among other things, failing to pay its hourly employees regular and overtime wages on a “regular and consistent basis.” Thus, ... Keep Reading »
California District Court Denies Certification Where Putative Class Members Lack Standing and Plaintiff Fails to Conduct Extensive Choice of Law Analysis Necessary to Support Nationwide Class
The United States District Court for the Eastern District of California recently denied class certification in a case alleging wrongdoing by a loan servicer in connection with the Home Affordable Modification Program (“HAMP”). Plaintiff brought the putative class action after defendant foreclosed on his home, seeking to represent a nationwide class of homeowners who had received permanent modification agreements (“PMAs”) for loan modifications that defendant failed to ... Keep Reading »
Division I Athlete Commences Collective Action Seeking Pay For Play
A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to pay division I student athletes in violation of the wage-and-hour provisions of the Fair Labor Standards Act (FLSA). Samantha Sackos, a former division I collegiate soccer player who played at the University of Houston, claims that she, and all ... Keep Reading »
Court Denies Motion to Remand, Rejecting Application of Home State and Local Controversy Exceptions to CAFA
The plaintiff filed a putative class action in Pennsylvania state court against two Pennsylvania defendants and one Virginia defendant, claiming that the defendants preyed on non-English speakers, illegally coercing them to enter into franchise agreements that circumvented the obligations of what were properly classified as employment relationships. The defendants removed under CAFA, and the plaintiff sought remand pursuant to CAFA’s home-state and local-controversy ... Keep Reading »
California District Court Certifies TCPA Class Against Defaulted Defendant
The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received numerous automated debt collection calls on her cell phone from Bennett without her consent. The law firm failed to respond to her complaint, and the court entered a default. The court then proceeded to consider plaintiff’s motion for class ... Keep Reading »
Ohio District Court Limits American Pipe Tolling Doctrine
The District Court for the Southern District of Ohio recently limited the American Pipe tolling doctrine in a fraud suit arising out of the sale of residential mortgage-backed securities (“RMBS”). Plaintiffs’ 2011 Ohio complaint alleged that defendants’ offering materials upon which they relied more than three years earlier violated the Federal Securities Act. Defendants moved to dismiss based on the three year statute of repose contained in 15 U.S.C. §77m. Plaintiffs ... Keep Reading »
Northern District of Illinois Declines To Restrict Defense Counsel’s Communications With Putative Class Members
The Northern District of Illinois refused to restrict a defense counsel’s communications with putative class members, reasoning that the communications were not misleading or coercive. The case arose when a “romantic getaway” motel reservations desk employee claimed that all phone calls made to or from the motel’s reservations desks were intercepted, recorded, and archived without consent of either party to the calls, and that some employees listened to the calls for ... Keep Reading »
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