Circuit

Third Circuit Holds That Statute of Limitations Was Not Extended for Class Action Lawsuit

Tuesday, August 20, 2019In 2005 and 2006, Christopher Blake and James Orkis took out mortgages from JP Morgan to buy homes. Blake and Orkis further argued that the statute of limitations had also been extended by a 2011 lawsuit filed over the same conduct in a California federal court, Samp v. JP Morgan Chase Bank, N.A. The Third Circuit again disagreed and held that a pending class action …


US Supreme Court to Determine Whether Workers Waive Class Action

On Monday, the United States Supreme Court (“USSC”) will hear arguments in a matter fundamental to how employers and their employees and contractors argue about rights and entitlements.  The USSC can, in these matters, equip employers with powerful tools to shut down cases that look like the currently raging Uber class action and the important Microsoft class action (2000), the latter of which resulted in thousands of contractors becoming employees and receiving benefits and equity. …


Judges Question Whether Trump’s Travel Ban Discriminates

Federal judges on Monday peppered a lawyer for President Donald Trump with questions about whether the administration’s travel ban discriminates against Muslims and honed in on the president’s campaign statements, the second time in a week the rhetoric has faced judicial scrutiny. Acting Solicitor General Jeffrey Wall, who is defending the travel ban, told a three-judge panel of the …


Federal Judge Dismisses TABOR Lawsuit, Bringing Possible End to Six-Year Court Fight

The six-year fight over whether Colorado’s Taxpayer’s Bill of Rights (TABOR) violates state and federal laws came close to a possible end Thursday, when a U.S. District Court of Colorado judge dismissed the latest appeal and ordered the case be closed entirely. The latest court actions from the federal district court came after the 10th Circuit Court of Appeals vacated the district …


Class Action: Grubhub Texts Violated Federal Law

A consumer recently filed a class action lawsuit against Grubhub for alleged violations of telephone harassment statutes. Victoria Flores filed the lawsuit on March 27 in Cook County Circuit Court alleging the food delivery service sent several unsolicited text messages to her. According to the complaint, the plaintiff alleges she, in February 2016, received several automated text …


Google Privacy Settlement Draws Fire in 9th Circ.

A Ninth Circuit judge on Monday questioned whether a federal judge made the right call by allowing Google to settle a privacy class action by giving $8.5 million to favored privacy organizations instead of class members. Though Senior Circuit Judge J. Clifford Wallace repeatedly questioned at the hearing whether the 2015 cy pres settlement was appropriate, the three-judge …


Court Urged to Revive Class Action Over AT&T Broadband Slowdowns

AT&T wireless customers are asking a federal appeals court to revive their class-action lawsuit alleging that the company advertised “unlimited data,” only to throttle users who exceeded a monthly cap. The lawsuit was sent to arbitration last year, after U.S. District Court Judge Edward Chen in the Northern District of California found that AT&T’s terms of service required arbitration of …


Ark. Police, Firefighters Notch Important Win in Class Action

The Supreme Court of Arkansas on Feb. 16 decided to uphold a Faulkner County Circuit Court certified a class of Conway police and firefighters who are seeking salary increases. Arkansas Supreme Court Associate Judge Rhonda K. Wood wrote in the court’s opinion that the case originated when Conway police officers and firefighters brought a class action lawsuit …


Fourth Circuit Affirms Dismissal of World Trade Center Development Lawsuit

NEW ORLEANS — A Florida businessman’s litigation blocking World Trade Center development appears to be headed to the Louisiana Supreme Court, but the winning bidder’s spokesman has claimed validation in a recent appeals-court decision. “Today’s unanimous and strongly worded 4th Circuit ruling validates our contention that the plaintiff has no legitimate legal case and that this transformational …


Lawsuit Challenges Public Funding of Scottrade Center Renovations

A lawsuit filed Tuesday alleges the city can’t spend taxpayer money to renovate Scottrade Center without voters deciding at the polls. The lawsuit seeks to revive a 2002 voter-approved ordinance that was struck down by a circuit court judge in 2015. One of the attorneys, John Ammann, says a different circuit court judge wouldn’t be bound by the other judge’s previous ruling.