In 2014, a legal challenge was mounted against the federal government for its failure to provide legal representation to indigent children in deportation proceedings. The case, F.L.B.. v. Lynch was brought by the American …
Ninth Circuit Invalidates Class Action Waivers in Mandatory Arbitration Agreements At the end of 2015, Governor Jerry Brown vetoed AB 465, which would have banned mandatory arbitration agreements in the employment setting, including arbitration agreements with class action waivers. As many employers know, including a class action waiver in an arbitration agreement or clause has been a great …
Nearly two years ago, the Federal Trade Commission sued AT&T for allegedly misleading wireless customers by charging them for “unlimited” data plans while simultaneously throttling their cellular connection speeds when they passed certain monthly thresholds. AT&T failed in 2015 to get the case dismissed in District Court, but yesterday succeeded in convincing a federal appeals court to throw …
Can employers still require employees to sign arbitration agreements with class action waivers as a condition of employment? Last week, the Ninth Circuit became the second appellate court to adopt the National Labor Relations Board’s (“NLRB”) position that class action waivers violate the National Labor Relations Act (“NLRA”) in Morris v. Ernst & Young LLP. In February 2012, the plaintiffs …
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 …
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, …
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 …
Parents post photos of their kids every day on Facebook. It’s safe to assume most don’t expect the social network to then collect these images, and use them in its ads. But according to a class-action case brought against the company in 2011, that’s exactly what happened when Facebook took data and images from users under 18 and used them in “Sponsored Story” ads.