On January 20, 2016, the Supreme Court held in Campbell-Ewald v. Gomez, 136 S. Ct. 663, 672, 193 L. Ed. 2d 571 (2016) that an unaccepted pre-certification settlement offer of complete relief in a putative class action, made to an individual plaintiff, does not moot that plaintiff’s claims. As discussed in our previous coverage of Campbell-Ewald, the Supreme Court’s …
In a 2-1 decision, the Seventh Circuit has joined the Delaware Court of Chancery’s call for enhanced scrutiny of “disclosure-only” M&A settlements that involve no monetary benefits to shareholders. As previously discussed here, M&A litigation, typically alleging breach of fiduciary duty by directors and insufficient disclosures, often ends in settlement, with defendants agreeing to provide …
A California Indian tribe may be immune from a Family and Medical Leave Act lawsuit by a fired employee even though it acted to move the lawsuit to federal court, the U.S. Court of Appeals for the Ninth Circuit ruled (Bodi v. Shingle Springs Band of Miwok Indians, 2016 BL 255421, 9th Cir., No. 14-16121, 8/8/16 ). With the decision, two federal appeals courts now have …
A sexual harassment lawsuit filed against longtime attorney Charles Sullivan, Sr., has been closed after an undisclosed settlement was reached, according to Indian River County court documents. Circuit Judge Paul Kanarek ordered the case closed on July 17, after a confidential mediation session. Terms of the …
Chicago Federal Center and the Dirksen Federal Building, which houses the 7th Circuit Court of Appeals – Photo: Teemu008, via Wikimedia. On Friday, the 7th U.S. Circuit Court of Appeals affirmed a lower court judgment dismissing a lesbian’s employment discrimination lawsuit.
One of the more interesting issues on the horizon that has implications for workers’ comp is the question of whether “gig economy” workers will have rights as employees. In various posts I’ve been commenting on the Lyft and Uber class actions, since those seem to be the poster children for the disruptive companies who seek to change the legal landscape. Julius Young So it was with interest when …
A federal appeals court, taking up an issue left open by a recent U.S. Supreme Court ruling, said in a decision last month that tendering funds to a class action plaintiff — not just offering to tender — still does not moot a case. The U.S. Court of Appeals for the Sixth Circuit, in its July 6 opinion in Mey v. N. Am. Bancard LLC, was forced to take up a question …
Friday, July 29, 2016
There have been several recent and interesting updates to the In re Petrobras Securities Litigation, 14-cv-9662 (S.D.N.Y.) that we have discussed several times on this blog. First, the Second Circuit has decided to accept review of the class certification question.
An Iraqi refugee who filed an unsuccessful lawsuit against former President George W. Bush over the Iraq War has filed an appeal containing new evidence released by the United Kingdom’s Iraq Inquiry Committee. Iraqi refugee Sundus Skaker Saleh, who fled her home country due to war, and her attorney, Inder Comar, the legal director of San Francisco-based Comar Law, …
The largest antitrust class action settlement in history was recently put to a halt by the U.S. Court of Appeals for the Second Circuit. The $7.25 billion proposed settlement includes a group of merchants challenging the fees and regulations of Visa and Mastercard. The plaintiffs claim the defendants have fixed the fees that merchants were charged every time a …