Class

Settlement Ends 26-Year Legal Battle With Colorado Homeowners

A $375 million settlement will end the Rocky Flats nuclear weapons plant’s 26-year legal battle with thousands of Colorado homeowners, if approved by a federal judge. About 15,000 land- and homeowners in the Westminster and Arvada area will get damages from Dow Chemical Co. and Rockwell International Corp., co-owners of the Rocky Flats plant that made triggers for nuclear warheads …


How to Defeat the Repeat Consumer Class Action Plaintiff

Airlines have frequent flyer programs, restaurants and coffee shops have customer loyalty programs, and plaintiff’s class action firms have repeat class action plaintiffs. These frequent class plaintiffs are either unlucky or they go looking for trouble. See Beyond Systems, Inc. v. Kraft Foods, Inc., 777 F.3d 712, 714 (2015) (noting that email spam litigation accounted for 90% of plaintiff’s …



Revised Court Ordered Date Deadlines for Requests for Exclusions, Objections, Claim Form Filing and Hearing Date. If You Sold or Purchased Wyeth Shares in 2008, Your Rights May Be Affected by a Class Action Settlement.

BIRMINGHAM RETIREMENT AND RELIEF SYSTEM, et al., Plaintiffs, v. S.A.C. CAPITAL ADVISORS, L.P., et al., Defendants. No. 13 Civ. 2459 (VM) (KNF) ECF CASE. REVISED COURT ORDERED DATE DEADLINES FOR REQUESTS FOR EXCLUSIONS, OBJECTIONS, CLAIM FORM FILING AND HEARING DATE. SUMMARY NOTICE OF (I) PROPOSED SETTLEMENT OF CLASS ACTION AND PLAN OF ALLOCATION; (II) SETTLEMENT …


Appeals Panel: Fresh Look Needed at TCPA Class Actions vs Insurers, So Don’t Only Enrich Lawyers

A panel of state appellate justices could have simply found an insurer wasn’t obligated to pay to cover a $4 million settlement reached to end a lawsuit brought by a suburban engineering firm that claimed it had received so-called “junk fax” advertisements. But the justices used the occasion to also send a message to the lawyers it says are responsible for a “proliferation” of potential junk …


Strange Praises SCOTUS Decision Limiting Lawsuits

Attorney General Luther Strange recently hailed a U.S. Supreme Court decision clarifying that persons filing lawsuits must be able to prove actual harm. The ruling serves to place limits on costly class action lawsuits based on technical violations of the law in which persons have suffered no actual damage. On May 16, the Supreme Court ruled 6-2 in favor of the on-line company …


Two Plaintiffs Voluntarily Withdraw From NYC Marathon Sweepstakes Lawsuit

This January, we reported on a proposed class action sweepstakes lawsuit filed on behalf of all runners who entered the New York City Marathon’s (“Marathon”) general entry drawing (“Drawing”) between 2010 and 2015. Last month, two of the named plaintiffs voluntarily withdrew their claims against the Marathon’s organizer and operator – New York Road Runners, Inc. (“Road Runners”) – after Road …


Ninth Circuit Rejects Another Attempt to Moot Class Action

Last March, the United States Supreme Court held that a putative class action is not mooted when a defendant offers the named plaintiff complete relief but the plaintiff does not accept the offer. Campbell-Ewald Company v. Gomez, 136 S. Ct. 663 (2016). That decision left open the question of whether a settlement offer—coupled with an actual tender of complete relief—would …