Lawyers USA Your Business Partner

HAMP doesn’t preempt borrower’s state-law claims 

Published: March 9, 2012

Tags: class action, consumer protection, Home Affordable Modification Program, preemption

Federal law authorizing the Home Affordable Mortgage Program does not preempt a homeowner’s state-law claims against her lender for refusing to modify her loan pursuant to the program, the 7th Circuit has ruled in reversing judgment.

Arbitration clause unenforceable under state law 

Published: March 8, 2012

Tags: arbitration, AT&T Mobility v. Concepcion, class action, consumer protection

Traditional state contract law applied to render unenforceable an arbitration clause in a title loan agreement, the Missouri Supreme Court has ruled.

Customer’s ‘voluntary payment’ bars class action 

Published: March 2, 2012

Tags: class action, consumer protection, voluntary payment doctrine

A customer’s voluntary payment of a Budget Rent-A-Car fuel service fee bars his consumer class action challenging that charge, the 6th Circuit has ruled in affirming a summary judgment.

Old statute used to challenge employment screening 

By: Sylvia Hsieh
Published: February 24, 2012

Tags: class action, credit screening, employment discrimination, Fair Credit Reporting Act, FCRA

There’s been an uptick in class actions over employment screening practices that use consumer reports as grounds for making decisions about job applicants or employees.

The weapon of choice for lawyers who represent employees is a statute that has been around for years but is just beginning to be used in the employment context.

Apple paying out $15 per class member to settle Antennagate 

Published: February 21, 2012

Tags: Apple, cell phones, class action, defective design, iphone

Apple is giving people that were dissatisfied with the performance of their Iphone 4 the choice between a rubber band or $15.

That is the result of the class action lawsuit that was filed against the company when users complained that their magic phone would drop calls or lose signal whenever it was held in a certain way.

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.