Court

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds

The South Carolina Court of Appeals has offered insight into its opinion on the issue of whether a developer may contractually create and enforce jury trial and class action waivers in a master deed. The Court’s position is good news for developers and those who represent them. [i] In The Gates at Williams-Brice Condominium Association and Katharine Swinson, individually, and on behalf of all …


Judge Unimpressed With Madonna’s Housing Lawsuit

Like a salesman . . . ooh. A no-nonsense state Supreme Court judge said superstar Madonna is no different than a college kid, a jailbird or even a door-to-door peddler when it comes to the scales of justice. ​The singer is suing her 1 W. 64th St. co-op over a strict residency requirement that says her children and domestic …


Notice of Proposed Settlement of Broadcom Corporation Stockholder Litigation

TO: ALL RECORD AND BENEFICIAL OWNERS OF BROADCOM CLASS A COMMON STOCK WHO OWNED OR HELD BROADCOM CLASS A COMMON STOCK FROM MAY 27, 2015 THROUGH AND INCLUDING FEBRUARY 1, 2016 (THE “CLASS PERIOD”), INCLUDING ANY AND ALL OF THEIR RESPECTIVE SUCCESSORS IN INTEREST, PREDECESSORS, REPRESENTATIVES, TRUSTEES, EXECUTORS, ADMINISTRATORS, HEIRS, ASSIGNS, OR TRANSFEREES, IMMEDIATE AND REMOTE, AND ANY …


Data Breach Harm Standard May Head to SCOTUS in ‘17

Companies facing data breaches grapple with lack of clear harm standard for consumer class actions   Breach harm standing has potential to reach U.S. Supreme Court in 2017 Dec. 5 — Hacking attacks, lax data security and rampant cybercrime create risks for corporations, including consumer lawsuits stemming from large-scale data breaches. Plaintiffs have lined up at courthouse doors for years, …



Feds Ask for Twin Metals Lawsuit to Be Dismissed

The lawsuit asks that the court prohibit the federal agency from denying mineral exploration permits to Twin Metals. But the Interior Department attorneys, joining an argument filed by environmental groups earlier this month, said the suit is premature because no decision has been made that can be challenged. The motion, filed in federal court in the Twin Cities, will have to wait, however.


ComEd, Nicor Improperly Adding Interest, Fees to Medical Hardship Repayment Plans

A new class action lawsuit has charged two of the Chicago area’s largest utility companies with improperly adding finance charges and late fees to so-called “medical payment arrangements” – or special electric and natural gas bill repayment plans required by the state, should utility customers suffer significant health problems interfering with their ability to pay their bills on time. On Dec. …


Syngenta Class Action Lawsuit Moving Forward

A class-action lawsuit against Syngenta regarding rejected exports is likely to head to trial next year, as scheduled. Online publication Agri-Pulse reports the 10th Circuit Court of Appeals declined to review a lower court’s certification order, allowing the lawsuit to proceed. Syngenta called the appeals court ruling “one step in a long process.” Multiple classes of farmers within the lawsuit …


Federal Lawsuit Targets BLM Planning Rule

Kane County is among six rural counties in the West asking a federal court to rip up a new Bureau of Land Management planning rule they say diminishes their voice on crafting land use plans. The lawsuit, filed Monday in the U.S. District Court for Utah, involves Kane County, Big Horn County, Wyo. ; Chaves County, New Mexico; Custer County, Idaho; Garfield County, Colorado; …


FCRA Lawsuits Will Remain a Potential Threat to Employers After Supreme Court Decision in Spokeo Case

On May 16, 2016, the Supreme Court of the United States ruled in the case of Spokeo, Inc. v. Robins that consumers must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute. However, the fact that class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) that governs background checks in the U.S. will remain a potential threat to …