Consent

Apple Faces Canadian Class Action for Throttling Down iPhones Without Warning or Consent From Consumers

A class action lawsuit was commenced on Friday, February 23 in the Ontario Superior Court alleging that Apple substantially slowed iPhones without warning to or consent from consumers. The claim alleges that Apple’s iOS software updates for iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7, and 7 Plus were provided to iPhone users under the pretense that the software updates were necessary to deliver enhanced security and performance. In reality, however, the updates allowed Apple to slow down the performance of these updated iPhones. This practice is known as “throttling” because Apple intentionally slows the phone’s CPU. …



New Jersey Supreme Court Issues Ruling in $500M Contamination Lawsuit

The New Jersey Supreme Court has ruled in favor of Givaudan Fragrances Corporation (Fragrances) in a $500 million insurance coverage lawsuit against Aetna Casualty & Surety Company and additional insurers named as defendants. The move affirms that New Jersey policyholders do not lose coverage when a company restructures, as an anti-assignment clause is not a barrier to the post-loss assignment …


Federal Judge Dismisses Lawsuit Against Senate Over Merrick Garland Nomination

Late last week, a Federal Judge rejected an ill-fated attempt to make an end-run around the Senate to find a way to put Merrick Garland on the Supreme Court: Merrick Garland’s last, long-shot chance at being confirmed as a Supreme Court justice has now vanished: A federal judge on Thursday dismissed a case that sought to force the Senate to take up his nomination. Garland, the chief judge of …



Miami University Agrees to Overhaul Critical Technologies to Settle Disability Discrimination Lawsuit

The Justice Department filed a proposed consent decree today to resolve allegations that Miami University in Oxford, Ohio, violated the Americans with Disabilities Act (ADA) by using inaccessible classroom and other technologies. Under the consent decree, which is pending court approval, Miami University will make significant improvements to ensure that technologies across all its campuses are …


Google and Facebook Cases Dominate Supreme Court Fall Session

In another significant Internet law case, a B.C. woman’s class action lawsuit against Facebook seeks damages for violating Canadians’ privacy in online advertising. Facebook argues people consent to use of their name and image when they sign up, and the global giant disputes that Canadian courts have jurisdiction over these questions.


Feds, Temp Agency Settle Bias Lawsuit

A temporary staffing agency has agreed to pay $435,000 to settle a discrimination lawsuit alleging it favored Hispanic workers over African-Americans at a FedEx SmartPost facility in Southaven. Orlando-based Resource Employment Solutions LLC denied allegations of wrongdoing made in a lawsuit …


Eleventh Circuit Affirms Dissolution of Class Action Consent Decree Due to Plaintiffs’ Inaction

Seyfarth Synopsis: After the City of Jacksonville stopped following a class action consent decree that required it to hire a proportionate number of black and white firefighters, the U.S. Court of Appeal for the Eleventh Circuit affirmed the district court’s denial of the motion and dissolution of the consent decree on the grounds that the plaintiffs waiting fifteen years to bring their show …


New York Judge Rejects High-Profile Foster Care Settlement

Today, a New York judge threw out a controversial consent decree that would have ratcheted up state oversight of New York City’s foster care system. In her straightforward opinion, New York District Judge Laura Swain denied a proposed settlement to a July 2015 class action lawsuit that had accused both New York State and City of allowing foster youth to languish in care. “The opinion …