MenuClose
Apr 19

Still Standing: Data Breach Class Action Against P.F. Chang’s Revived on Appeal

This guest post was authored by our colleague Stephen A. Grossman, a partner and chair of Montgomery McCracken’s Data Privacy and Cybersecurity practice, and co-chair of its E-Discovery practice. He can be reached at sgrossman@mmwr.com or 856-488-7767. We have previously written here and here on… Read More

Mar 23

Supreme Court Says Plaintiffs in Class and Collective Actions Can Sometimes Use Averages and Representative Samples to Prove Elements of Their Case

The Supreme Court decided yesterday, in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, 2016 WL 1092414 (U.S. Mar. 22, 2016), that the named plaintiffs in a wage-and-hours case could use an expert’s calculation of the average time a representative sample of workers took to put… Read More

Mar 02

Food Labeling Litigation in 2016: The Sun Never Sets

This past September, I blogged about the brewing battle over Vermont’s controversial GMO labeling law (“Act 120”), which was approved May 8, 2014 and is scheduled to take effect July 1, 2016. Since then, not only has the Vermont GE controversy taken on national and constitutional… Read More

Posted by

Feb 22

New York Court Rejects Defendants’ Attempt to Moot Class Plaintiffs’ Claims By Depositing Funds With the Court

A federal district court judge in New York has denied a request by the defendants in a putative class action to deposit funds with the Clerk of Court in the amount of the defendants’ Rule 68 offer of judgment ($400) – an amount the defendants… Read More

Jan 27

Third Circuit Holds Courts, Not Arbitrators, Decide if Class-Wide Arbitration is Authorized, Even if Arbitration Agreement Invokes AAA Rules

The Third Circuit began the New Year by ruling that courts, not arbitrators, decide whether an arbitration agreement authorizes class-wide arbitration, even if the agreement invokes American Arbitration Association rules.  Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, — F.3d —, 2016 WL 53860 (3d Cir.… Read More

Jan 22

Supreme Court Says Offers of Individual Settlement or Judgment Don’t Moot Class Actions

It turns out you can’t get rid of a putative class action by offering complete individual relief to a named plaintiff. In Campbell-Ewald Co. v. Gomez, 2016 WL 228345 (U.S. Jan. 20, 2016), the Supreme Court took up the question whether “an unaccepted offer to… Read More

Jan 21

Microsoft Wins Supreme Court Review of Class Certification Appeal Issue

Last week, the U.S. Supreme Court granted Microsoft’s petition for a writ of certiorari and agreed to decide whether class action plaintiffs can dismiss their individual cases with prejudice after class certification is denied and nonetheless appeal the class certification ruling without first going to… Read More

Dec 15

United States Supreme Court Rejects California Appellate Court’s Refusal to Enforce Arbitration Provision

The United States Supreme Court has reversed a California appellate court’s refusal to enforce an arbitration provision in a contract, concluding that the court’s decision is incompatible with the Federal Arbitration Act and prior Supreme Court precedent. The case, DirecTV, Inc. v. Imburgia, __ S.… Read More

Nov 30

Ascertainability Sinks Comcast Class Settlement

While ascertainability is often hard-fought in class certification motions, it’s unusual for a class action settlement to crater on ascertainability.  But that’s exactly what happened to a Comcast settlement in federal court in Philadelphia earlier this month.  When Judge Anita Brody learned that Comcast had… Read More

Nov 19

The Future of Food: What’s On The Menu for 2016 & Beyond

Last month, I had the good fortune to participate in the inaugural FoodVision USA, three days of roundtable discussions, engaging presentations and interactive programs in Chicago, IL among the food industry’s movers and shakers. The conversations, debates and seminars challenged how we think today about… Read More

Posted by

Categories

Uncategorized