Provision

Ag Nuisance Lawsuit Provision Appears Dead in Minnesota Legislature

The Minnesota Pork Producers Association has been supporting the Ag Nuisance Lawsuit provision in the omnibus Ag Policy bill at the Minnesota Legislature. In a nutshell, the Ag Nuisance provision would protect a pork producer from lawsuits if it had been in operation for two years and was in compliance with all its permits. If the operation was expanded by more than 25 percent, the two-year …


Online Lender Wins Motion to Compel Arbitration and Avoids Nationwide Consumer Class Action

This article was co-authored by Allyson B. Baker and Joseph Leonard Robbins. It originally appeared on Venable.com and is republished here with permission. In a putative nationwide consumer class action against an online marketplace lender and its bank partner, Bethune v. LendingClub Corp., et al., a federal judge in the Southern District of New York recently granted defendants’ motion to …


Appeals Court Advances Two Samsung Class-Action Lawsuits

A federal appeals court ruled in San Francisco Thursday that two consumer lawsuits filed over Samsung smartphones can’t be forced to go to arbitration and instead can proceed toward trials. The 9th U.S. Circuit Court of Appeals said that in both cases, a mandatory arbitration provision contained in a warranty booklet placed in a box packaging the smartphone didn’t amount to a contract.


Westar Settlement Opens Opportunity for Bidding War

Eight bidders not selected to purchase Westar Energy will be able to submit new bids based on a settlement agreement reached this week in a class action lawsuit filed in July in Shawnee County. Westar and Great Plains Energy settled with plaintiffs in all three lawsuits filed against the companies regarding the proposed acquisition of Westar by GPE, according to a Securities and Exchange …