Appeals

Court Rules for Disclosure of Crash Reports

A federal law protecting driver’s license data does not allow Wisconsin police departments to withhold driver information from accident reports, the Court of Appeals ruled Tuesday. But whether that law might require such censure in other kinds of reports would …


Ohio Village Fights Class-Action Status in Speed Camera Case

A southwest Ohio village’s attorney said he will ask the state’s high court to overturn an appeal court’s approval of class-action status for motorists who paid nearly $2 million in fines before a judge ordered New Miami to turn off its traffic cameras. New Miami’s attorney, Felix Gora, said he will ask the state Supreme Court later this week to reject the approval of class-action status for …



TGI Friday’s Victorious at Appellate Level in Class Action Over Drink Prices

A New Jersey class action filed against TGI Fridays came up empty. A March New Jersey appeals court decision in a case involving drink prices at TGI Friday’s restaurants raised the evidence bar for plaintiffs, a Philadelphia attorney says. Gregory Hauck, a partner with the firm Pepper Hamilton, said the decision by the Appellate Division of the New Jersey…


Counsel’s Corner: DS News Interviews Benjamin Diehl – Challenge of CFPB’s Constitutionality Begins

Benjamin Diehl is a partner with Stroock, Stroock & Lavan. Diehl practices in both the Financial Services/Class Action and Government Relations Practice Groups. Diehl recently discussed with DS News the trial in the case of PHH Corp. v. CFPB and the implications of the case for the financial industry. PHH, a nonbank mortgage lender based in New Jersey, is challenging the constitutionality of the Consumer Financial Protection Bureau and Director Richard Cordray …


Allstate Can’t Avoid Class Action With Offer to Lead Plaintiff

Ruling in a Bay Area robocall case, a federal appeals court said Tuesday that a company can’t scuttle a proposed class-action suit it is facing by trying to buy off the lead plaintiff. The Ninth U.S. Circuit Court of Appeals in San Francisco addressed an issue that the U.S. Supreme Court left unresolved in a ruling in January: whether a company or person accused of violating the rights of large …


Pfizer Must Face Revived Celebrex, Bextra Safety Lawsuit

A federal appeals court on Tuesday revived a class-action lawsuit accusing Pfizer Inc of causing tens of billions of dollars of losses for shareholders by misleading them about the safety of its Celebrex and Bextra pain-relieving drugs. By a 3-0 vote, the 2nd U.S. Circuit Court of Appeals in Manhattan said U.S. District Judge Laura Taylor Swain erred in dismissing the case after preventing …


Federal Appeals Court Slams IRS in Tea Party Case, Demands Documents

In a blistering rebuke of the IRS, a Cincinnati-based federal appeals court has ordered the tax-collecting agency to quit stalling and produce the names of organizations it targeted based on their political leanings. The unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the 6th Circuit gave the IRS two weeks to turn over the documents sought as part of a class-action …


Collusive Deals With Class Action Lawyers Before the Supreme Court

Class-action lawsuits are commonly settled for things that benefit the lawyers bringing them, not the class of allegedly victimized people they are supposedly suing on behalf of. A classic example is Frank v. Poertner, pending before the Supreme Court. Ripped-off class members asking the Supreme Court to hear their challenge to a class action settlement that awarded class lawyers $5.7 million, …


Lufthansa, Iberia Defeat U.S. Passenger Appeals Over Flight Delays

Lufthansa and Iberia persuaded a U.S. appeals court in Chicago to reject efforts by passengers to hold them liable for delays on multi-leg international flights involving multiple airlines. Tuesday’s decision by Judge Richard Posner of the 7th U.S. Circuit Court of Appeals highlights the hurdles that passengers can face in holding carriers liable for travel snags, including when foreign laws or …