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News May 24, 2016

Former Penn State Player James Boyd No Longer Lead Plaintiff in Class-Action Concussion Suit Against Penn State: Reports

At Noon on Tuesday, former Penn State safety James Boyd was listed as the lead plaintiff in a concussion/head injury lawsuit filed against his former university, the Big Ten, and the NCAA, according to court documents obtained by the Centre Daily Times. Now, a spokesperson for the law firm that filed the claims tells the CDT that is no longer the case. Boyd withdrew his name as the lead named …

Notices May 23, 2016

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 …

Legal News May 10, 2016

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 …

Legal News May 10, 2016

Spotify, NMPA Accused of Concerted Effort to Taint Class Pool

In a putative class action alleging widespread copyright infringement commenced in December 2015 against Spotify, Plaintiff, the lead singer for the bands Cracker and Camper Van Beethoven, recently moved pursuant to Federal Rule of Civil Procedure 26(d) to monitor — and possibly prevent — Spotify USA, Inc. (“Spotify”) from engaging in communications with individuals who …

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Lawsuits May 8, 2016

Lawsuit: Nevada Worker Fired for Not Accepting Scientology

A Catholic woman fired from her job at a bottled water company led by a Nevada lawmaker has filed a federal lawsuit against the business, saying she was pressured to watch videos on Scientology and was denied pay raises because of her religious beliefs. Grecia Echevarria-Hernandez filed a discrimination lawsuit April 26 against Las Vegas-based AffinityLifestyles.com, also known as Real …

Lawsuits May 7, 2016

Plaintiff Files Class Action Lawsuit Against Uber

Ride-hailing corporation Uber is facing a class action lawsuit after a plaintiff filed a suit in federal court late Wednesday evening claiming officials violated federal telecommunications laws for sending unsolicited text messages to app users. The lawsuit’s plaintiff, local activist Melissa Cubria, filed the suit claiming the company’s text messages to her violated the federal Telephone …

Class-Actions May 7, 2016

Plaintiff’s Death Dismisses Potential TCPA Class Action

A New York court has dismissed the lawsuit of a man who died before certification of a class in his claim against a company that allegedly violated the Telephone Consumer Protection Act. The plaintiff, Mark Hannabury, sued Hilton Grand Vacations over two calls to his cell phone, attempting to sell interests in timeshare properties. Hannabury allegedly was …

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Legal News Apr 29, 2016

Hollywood Studios Defend Freedom to Have Smoking in Movies Rated Suitable for Children

The major film studios, their trade association and theater owners don’t want to be held hostage to any misguided morality play — not one that seeks to force them not to have any movies with tobacco imagery rated G, PG or PG-13. On Friday, they filed court papers asking a judge to reject a putative class action that blames them for children becoming addicted to nicotine. The lawsuit was filed …