Tag Archives: Class Action

Settlement Offer Does Not Moot Class Action

In a 6-3 decision issued today, the Supreme Court ruled that defendants cannot rely on a strategic offer of judgment to the named plaintiff to moot the claims of the putative class. After an unfavorable Ninth Circuit decision, U.S. Navy contractor Campbell-Ewald asked the high court to consider, inter alia, whether defendants can strategically offer … Continue Reading

Supreme Court re Arbitration : Go Ask Your Congress

With its last opinion of 2015, the Supreme Court added DIRECTV v. Imburgia to the ever-growing line of decisions reversing California courts refusal to enforce provisions in arbitration agreements that barred class arbitration. Imburgia presents the Court’s second look at the hostility of California law to waivers of class wide arbitration. Three years ago, after … Continue Reading

Refreshing Dismissal of ‘Silly’ TCPA Claim Against PayPal

On Thursday, October 29, 2015, the Ninth Circuit affirmed summary judgment of a proposed class action accusing PayPal of violating the Telephone Consumer Protection Act by sending users unsolicited text messages, following a hearing in which a judge said the claims were among the “silliest” he’s encountered. Opinion is available here: Roberts v. Paypal. Plaintiff David Roberts … Continue Reading

Court Finds Employer Did Not Violate FCRA Through Use of Background Report in Hiring Decision

On October 1, 2015, the U.S. District Court for the Eastern District of Pennsylvania issued a decision in Ramos v. Genesis Healthcare, LLC, upholding an employer’s use of a credit report in connection with a decision to not hire an applicant and further held that the employer did not fail to give the applicant sufficient opportunity … Continue Reading

U.S. Supreme Court Poised to Rule on Mooting Effect of Rule 68 Offers of Judgment

One of the hottest topics in class action litigation is whether a defendant’s offer of judgment providing complete relief to a plaintiff under Rule 68 of the Federal Rules of Civil Procedure moots the plaintiff’s individual and uncertified class action claims.  In just a few weeks, the U.S. Supreme Court will take up this question … Continue Reading

Class Counsel Lowers Fee Request in Chase TCPA Settlement

On August 17, 2015, following objections from several class members, counsel representing a class of customers in a suit alleging Chase Bank USA illegally called customer’s cellphones without their consent cut their request for fees in a proposed $34 million settlement by $1.5 million. The attorneys said the $9.5 million, down from the original request … Continue Reading

Supreme Court upholds ‘disparate impact’ under the FHA but emphasizes that claims cannot rely on statistics alone

In a much-anticipated decision, the U.S. Supreme Court held in Texas Department of Housing and Community Affairs v. Inclusive Communities Project (“Inclusive Communities”) that claims of disparate impact discrimination are cognizable under the Fair Housing Act (“FHA”). In the case, the Inclusive Communities Project (“ICP”) accused the Texas state housing agency of violating the FHA … Continue Reading
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