Decision

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and scathing dissents. He was also the fifth conservative vote on a court that now finds itself divided, which has not only set off a bitter political fight regarding his …


Fourth Circuit Holds Insurance Policy Covers Defense of Data Breach Class Action

While a U.S. Court of Appeals for the Fourth Circuit ruling on a data breach insurance case was presented in a way that limits its impact, it’s still a significant win for the insured, a Los Angeles attorney says. “While the decision may not dramatically shift the playing field for data breach coverage, it still is a significant victory for policyholders because it …


Opting Out of Class-Action Bingo Lawsuit Grows

A who’s who of area charities – 855 of them – are named as plaintiffs in the $80-million bingo class-action lawsuit against Windsor and Tecumseh. It’s a list of every single group that ever took out a bingo licence over two decades. Some — like the group Friends of Chris Lori, the former bobsled driver who hasn’t competed since the late 1990s — don’t even exist anymore.


HIH Court Decision Means Companies Face More Risks in Shareholder Actions

HIH court decision means companies face more risks in shareholder actions A landmark court decision means shareholders will no longer have to prove they read a prospectus to sue a company.Rob Homer A landmark court decision in a shareholder action against HIH could lead to plaintiffs demanding bigger settlements and companies facing suits bearing greater risks. The decision by the NSW Supreme…


People Detained During G20 Summit Win Right to File Class-Action Lawsuit

More than 1,000 people detained during the chaotic G20 summit almost six years ago won the right Wednesday to go the class-action route in lawsuits against police and others. In approving the class-action process, Ontario’s top court said various reports on the events to date had made only non-binding recommendations. “The remedies sought by the plaintiffs, which include a declaration that …


G20 ‘Kettling’ Class Action Lawsuits Given Green Light

Two G20 class-action lawsuits will go ahead, Ontario’s Court of Appeal ruled on Wednesday. Both lawsuits refer to the “kettling” of protesters during the June 26-28, 2010 summit. “We were illegally arrested, thrown into overcrowded wire cages, and treated worse than animals in a zoo,” Tommy Taylor, a lead plaintiff in the lawsuits, said in a statement Wednesday.


Counsel’s Corner: DS News Interviews Benjamin Diehl – Challenge of CFPB’s Constitutionality Begins

Benjamin Diehl is a partner with Stroock, Stroock & Lavan. Diehl practices in both the Financial Services/Class Action and Government Relations Practice Groups. Diehl recently discussed with DS News the trial in the case of PHH Corp. v. CFPB and the implications of the case for the financial industry. PHH, a nonbank mortgage lender based in New Jersey, is challenging the constitutionality of the Consumer Financial Protection Bureau and Director Richard Cordray …


Key Lessons From the Tyson Decision

I’m sure many of you have now read or heard about the Supreme Court’s Tyson vs. Bouaphakeo decision on Tuesday upholding a Court of Appeals decision in the Eighth Circuit, which sides with Tyson workers at an Iowa pork-processing plant. The employees’ main grievance was that they did not receive mandated overtime pay for time spent “donning and doffing” protective equipment. In its attempt to …


Class-Action Suits Have a Shot in Post-Scalia Era

One of Justice Antonin Scalia’s chief policy concerns — some might call it an obsession — was class actions, which he saw as excuses for plaintiffs’ lawyers to make money by aggregating small individual claims to the detriment of corporate defendants. On Tuesday the U.S. Supreme Court hinted that, in Scalia’s absence, class-action law might not continue to be interpreted narrowly. It …


Supreme Court Upholds Worker Class-Action Suit Against Tyson

WASHINGTON — The Supreme Court on Tuesday sided with thousands of workers at an Iowa pork processing plant who had sought to band together in a single lawsuit to recover overtime pay from Tyson Foods. Justice Anthony M. Kennedy, writing for the majority in the 6-to-2 decision, said the plaintiffs were entitled to rely on statistics to prove their case. The ruling limited the sweep of the …