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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.

CLASS ACTIONS 

Published: June 16, 2011

Tags: class actions

A federal district court cannot enjoin a state court from certifying a product liability class action based on an earlier decision the federal court made not to certify a class in a related case brought by different plaintiffs.

See “Federal court can’t enjoin state court certification of class action.”

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Federal court can’t enjoin state court certification of class action 

Published: June 16, 2011

Tags: Anti-Injunction Act, Baycol, class actions, product liability

A federal district court cannot enjoin a state court from certifying a product liability class action based on an earlier decision the federal court made not to certify a class in a related case brought by different plaintiffs, the U.S. Supreme Court has ruled.