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New York City settles loitering suit for $15 million 

Published: February 8, 2012

Tags: class action, contempt, loitering, New York

New York City has agreed to pay $15 million to settle a class-action lawsuit brought on behalf of thousands of people who were charged with loitering decades after the state’s laws were ruled unconstitutional.

Substitute arbitrator can hear consumer case 

Published: January 24, 2012

Tags: arbitration, class action, consumer protection, Federal Arbitration Act

A computer company sued for selling a defective product could enforce an arbitration clause in its customer agreement, even though the designated arbitrator was no longer available to hear disputes, the 3rd Circuit has ruled in reversing judgment.

$1.5 million settlement reached for migrant workers 

Published: January 6, 2012

Tags: Arkansas, class action, migrant workers, packing, unpaid wages

A federal judge in Arkansas is on the verge of giving final approval to a settlement of a class-action lawsuit that would pay about 1,500 migrant workers a total of $1.5 million to make up for unpaid wages and expenses.

Tort litigation trends, major verdicts make news in 2011 

Published: January 5, 2012

Tags: asbestos, Botox, brain fog, brain injury, class action, erectile dysfunction, failure to warn, frakking, hair loss, health risks, hepatitis, implied preemption, mesothelioma, natural gas, nuisance, pelvic mesh, Propecia, property devaluation, Proscar, technology, tort claims, tort climate, Twiqbal, U.S. Supreme Court

The past year featured a flurry of activity on the personal injury and tort scene, with several new drug and device developments, significant U.S. Supreme Court rulings and some staggering verdicts.

Here’s a wrap-up of the highlights of personal injury and
» Continue Reading.

Potential identity theft victims lack standing to sue 

Published: December 14, 2011

Tags: class action, identity theft, standing

Potential identity theft victims didn’t have standing to sue a payroll services company that had its security breached by a computer hacker, the 3rd Circuit has ruled in affirming a dismissal.

Class counsel’s misconduct may preclude certification 

Published: November 28, 2011

Tags: class action, junk faxes, Telephone Consumer Protection Act

A defendant sued for sending unsolicited fax advertisements did not have show “egregious” misconduct by plaintiffs’ counsel in order to block class certification, the 7th Circuit has ruled in reversing judgment.

Yaz plaintiff loses bid to unseal documents for FDA 

Published: November 23, 2011

Tags: class action, Discovery, Food and Drug Administration, multidistrict litigation, Yasmin, Yaz

The Food and Drug Administration will not be given access to documents relating to the safety of drospirenone-containing oral contraceptives that pharmaceutical company Bayer has kept confidential in the Yaz and Yasmin multidistrict product liability litigation.

Individual buyout moots TCPA class action 

Published: November 22, 2011

Tags: class action, TCPA, Telephone Consumer Protection Act

A defendant sued for sending unsolicited text message advertisements could moot a proposed class action by offering the plaintiff his full request for relief, the 7th Circuit has ruled in affirming a dismissal.

Car buyers needn’t arbitrate life insurance claims 

Published: November 21, 2011

Tags: arbitration, class action, consumer protection, Federal Arbitration Act, life insurance, McCarran-Ferguson Act

Car buyers were not required to arbitrate class claims alleging that they incurred unearned charges in connection with their purchase of optional life insurance coverage, the Arkansas Supreme Court has ruled in affirming judgment.

Class action allowed under fraud-on-the-market theory 

Published: November 10, 2011

Tags: class action, FDA, Food and Drug Administration, fraud on the market, Securities Exchange Act, securities fraud

A securities fraud class action could proceed under a presumption that individual class members relied on the defendant’s alleged misrepresentations, the 9th Circuit has ruled in affirming certification.