Interior Secretary Zinke Recommends Bears Ears Reduction Indian River County School Board responds to public outcry, but continues to ignore First Amendment California Supreme Court protects private property Class Action action Florida family loses property rights’ case in Florida appellate court Telling truth to tort Supreme Court asks town ...
The Supreme Court this morning put the kibosh on a tactic by counsel for purported class actions to evade the final judgment rule. In Microsoft v. Baker, involving an alleged design defect in Xbox game consoles, class certification was denied, and the plaintiff voluntarily dismissed his case with prejudice, for the sole purpose of jumping … ...
Readers of this blog are likely no stranger to class action lawsuit abuse. Egregious examples abound. Congress responded to that abuse in 2005 by enacting the Class Action Fairness Act, or CAFA. That law allows parties to remove class action lawsuits to federal courts—which Congress thought would better police the class action process. ...
The use of statistical sampling to generate common issues for resolution via class action presents serious due process questions. Someday, the Supreme Court will need to resolve those questions because constitutional protection of due process cannot be reconciled with statistical sampling that allows plaintiffs to forego any demonstration of indivi ...
Yesterday’s Daily Journal published my take on Monday’s Supreme Court decision in Spokeo, Inc. v. Robins, which held that the constitutional requirement that federal courts hear only real “cases or controversies” demands that plaintiffs show some sort of “concrete” injury. Beyond explaining the context and exte ...
Three years ago, Richard Chen and Florencio Pacleb sued Allstate Insurance Company for alleged violations of the Telephone Consumer Protection Act. They purported to represent a class of people who received unwanted Allstate robocalls and sought the statutory remedy of $500 per unwanted call. Allstate responded to the lawsuit with a settlement offe ...
Everyone has received in the mail one of those letters from lawyers you’ve never heard of, informing you that you are part of a class action lawsuit against some company, say, a department store, and that you can mail in a form to reserve your share of the settlement or opt out of the class … ...
Article III of the United States Constitution allows federal courts to hear only “cases or controversies,” defined as cases brought by plaintiffs who have suffered actual (not speculative) harm that can be redressed by court action. What if a plaintiff’s asserted injury, however, is nothing more than that the defendant violated a ...
Thomas Robins, an unemployed man, sued Spokeo Inc., which runs a website that collects and publishes consumer “credit estimates,” for willful violations of the Fair Credit Reporting Act (FCRA), because it published false information, such as Robins was married, had a graduate degree, and was wealthy. Publication of any false informati ...