Actions

What’s Behind the Rise in Shareholder Class Actions?

There’s been several high profile class actions launched by unhappy shareholders against the companies they invest in (otherwise known as securities class actions) lately in Australia. The common theme is a claim these companies have not been straight with investors, issuing falsely optimistic information or concealing negative information. If it’s proved to be true, this sort of conduct does …


Can Companies Bar Workers From Class-Action Claims?

This article is a follow-up to Wednesday’s story on the growing threat of class-action lawsuits against companies over wage-and-hour practices. The Supreme Court’s mid-January decision to take on a trio of cases related to class actions may serve to decide a hotly contested issue that’s of great economic consequence to many companies. The issue is around arbitration agreements, in which a …


Wage and Hour Class Action Boom Called Likely to Last

The number of wage and hour class lawsuits filed in federal court dipped slightly during 2016, but employers should expect a rebound in 2017, according to a management lawyer who tracks workplace class actions.
The 8,304 Fair Labor Standards Act collective actions filed was down, compared with 8,954 such lawsuits filed in 2015, said Gerald Maatman, a Seyfarth Shaw LLP partner who is co-chair of the firm’s class action litigation practice group. But the 2015 figure was the highest since the firm formally began tracking employment law class actions in 2004, and the 2016 total is the second-highest, Maatman told Bloomberg BNA. The top 10 wage and hour settlements reached in 2016 totaled $695.5 million, up from $463.6 million in 2015, Maatman said. The long-term growth in class lawsuits against employers alleging violations of minimum wage, overtime and other wage and hour requirements isn’t stopping anytime soon, he said. The Trump administration could …


The U.S. Supreme Court and Workplace Class Actions

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to defend high-stakes litigation. Rulings by the Supreme Court in 2016 were no exception. Is The Supreme Court Pro-Worker Or Pro-Employer?


Data Breach Harm Standard May Head to SCOTUS in ‘17

Companies facing data breaches grapple with lack of clear harm standard for consumer class actions   Breach harm standing has potential to reach U.S. Supreme Court in 2017 Dec. 5 — Hacking attacks, lax data security and rampant cybercrime create risks for corporations, including consumer lawsuits stemming from large-scale data breaches. Plaintiffs have lined up at courthouse doors for years, …


Wells Fargo Already Playing Its ‘Get Out of Jail Free’ Card to Avoid Lawsuits Over Fake Accounts

Wells Fargo is facing multiple lawsuits from customers and employees over the long-running fake account fiasco that saw more than two million bogus, unauthorized accounts being opened in customers’ names. Even though lawmakers and consumer advocates have repeatedly asked the bank to not sidestep its liability by using an often-ignored clause in its customer agreement, lawyers for Wells Fargo …


Brave New World: The Impact of Third Party Litigation Funding on Commercial Litigation – the Latest Legal Features, Research and Legal Profiles

Recent years have borne witness to the nascent rise of third-party litigation funding (TPLF) of commercial litigation in legal markets across the globe. Beginning over a decade ago in Australia, TPLF spread quickly to the UK, the US, Canada, Europe and Asia. TPLF itself has undergone rapid changes in its short existence. Though the traditional model of single-funded cases is still the main modus operandi, funders have diversified their business model in the last 12 months, including investments in claims-aggregating firms, joint ventures with law firms directed at prosecuting certain claims, and post-judgment appeals funding. Commercial funders and commercial litigators are becoming increasingly consociated, however, the interests of funders and litigators necessarily diverge given that lawyers owe a fiduciary duty to their clients. TPLF represents the biggest change to the commercial litigation landscape, raising novel …


Victory for America’s Youth: Federal Judge Rules Climate Lawsuit Can Proceed

The federal court in Eugene, Oregon decided in favor of 21 youth plaintiffs on Thursday, in their “groundbreaking” constitutional climate lawsuit against President Obama, numerous federal agencies and the fossil fuel industry. U.S. District Court Judge Ann Aiken rejected all arguments to dismiss raised by the federal government and fossil fuel industry, determining that the young plaintiffs’ …


Rush to Courts Feared in Class Actions, at Cost to Business

Rush to courts feared in class actions, at cost to business Share Share via Email Share on Google Plus Post on facebook wall Share on twitter Post to Linkedin Share on Reddit One of the most significant class action judgments has been handed down. Lawyers have warned of a possible “rush” to the courts to file class actions after the full Federal Court gave the green light to controversial …


Steve Harvey Blasts Lawsuit Against NASCAR

Steve Harvey says he declined to join a lawsuit against NASCAR. (Photo: David Becker, Getty Images) Steve Harvey had a message Tuesday after his name appeared in a $500 million federal lawsuit filed against NASCAR that claims the series discriminates against black-owned teams and drivers. “You are not going to do is drag me into the mud with NASCAR,” the comedian and actor said on his …