Class improperly certified in Honda brake system case 
Published: January 18, 2012
Tags: Acura, class actions, consumer protection, honda
A nationwide class should not have been certified in a lawsuit alleging that Honda misrepresented the characteristics of a high-tech braking system installed in certain Acuras, the 9th Circuit has ruled in reversing judgment.
NLRB: Arbitration clauses cannot bar class actions
By:
Kimberly Atkins
Published: January 8, 2012
Tags: class actions, collective bargaining, mandatory arbitration, NLRB
WASHINGTON – Requiring employees to sign mandatory pre-dispute arbitration agreements that prevent them from collectively pursuing employment-related legal claims in any other forum violates the National Labor Relations Act, the National Labor Relations Board has ruled.
Class conditions satisfied in $295M diamond settlement
Published: December 22, 2011
Tags: class actions
Plaintiffs suing a worldwide distributor of diamonds for price-fixing were not required to show that each class member had a “viable” claim in order to satisfy the requirements for class certification, the en banc 3rd Circuit has ruled in affirming a $295 million settlement.
Car dealer forfeited right to arbitrate class claims
Published: November 17, 2011
Tags: arbitration, class actions, consumer protection
A car dealer forfeited its right to enforce an arbitration clause in its customer agreement when it responded to a putative class action for failing to adequately disclose finance charges, the California Court of Appeal has ruled in affirming judgment.
Class plaintiffs needn’t show receipt of junk faxes
Published: October 6, 2011
Tags: class actions, consumer protection, junk faxes, Telephone Consumer Protection Act
Plaintiffs were not required to establish the actual receipt of unsolicited fax advertisements in order to proceed with a class action under the Telephone Consumer Protection Act, the Kansas Supreme Court has ruled in affirming certification.
Bank’s waiver of arbitration rights nullified
Published: September 13, 2011
Tags: arbitration, class actions, consumer protection, Truth in Lending Act
A consumer fraud plaintiff’s filing of an amended complaint revived a bank’s right to enforce an arbitration clause containing a class action waiver, the 11th Circuit has ruled in reversing judgment.
No liability for bulk purchases of driver records, court says
Published: August 17, 2011
Tags: class actions, consumer protection, Driver's Privacy Protection Act
Businesses didn’t violate federal privacy law when they made bulk purchases of driver records from state motor vehicle bureaus, the 9th Circuit has ruled in affirming the dismissals of two lawsuits filed in different states.
Cingular customers must arbitrate class claims
Published: August 16, 2011
Tags: arbitration, AT&T Mobility v. Concepcion, cell phones, class actions, consumer protection
Cellular telephone customers must arbitrate class claims alleging that their service provider charged them for services they never ordered, the 11th Circuit has ruled in affirming a dismissal.
Car dealer can’t enforce ‘confusing’ arbitration clause
Published: August 8, 2011
Tags: arbitration, class actions, consumer protection
A new car dealer cannot enforce arbitration language waiving a customer’s right to class- wide relief, the New Jersey Appellate Division has ruled in reversing a dismissal.
The new class of 2011
By:
Kimberly Atkins
Published: July 26, 2011
Tags: AT&T Mobility v. Concepcion, class actions, Supreme Court, Wal-Mart
When the U.S. Supreme Court handed down its rulings in AT&T Mobility v. Concepcion and Wal-Mart Stores v. Dukes, some predicted they would lead to the demise of class actions. But don’t don black for the class action funeral just yet.
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