The Supreme Court was asked to settle disputes over the legality of contract terms that bar employees from filing class action lawsuits, in petitions filed by opposing parties. The National Labor Relations Board (NLRB), accounting conglomerate Ernst & Young, and medical software company Epic Systems have all asked Justices to rule on the issue, …
Tuesday, September 6, 2016 Since the United States Supreme Court upheld the validity of class action waivers in commercial consumer arbitration agreements several years ago, many employers have found arbitration agreements with class action waivers a valuable tool to protect against the tide of class action litigation. In addition to avoiding the risk of a runaway jury award, these agreements …
A lawsuit against three local cities over fines issued by automated traffic cameras has been dismissed, but the legal fight is not over yet. Multiple people who were fined for traffic violations documented by red light and speed detection cameras in Dayton, Trotwood and West Carrollton sued the jurisdictions, claiming the civil penalties and administrative procedures used to dispute them …
More than three years after the NFL and a class of thousands of former players agreed on terms of the settlement of the concussion class action, the settlement still won’t be finalized. Contrary to a report in the New York Post that the remaining players objecting to the deal had failed to file petitions for appeal with the U.S. Supreme Court by Monday’s deadline, at least one petition was …
Former Banksia investors could win a further two cents in the dollar in Supreme Court settlement. Richmond Sinnott and Delahunty Accountants is among a number of parties as part of a possible settlement with former Banksia investors. FORMER investors in the failed financial institution Banksia could expect a moderate windfall in the coming months as a $13.25 million Supreme Court settlement …
The 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 against EY, making it the second appellate court to support the NLRB’s position that federal labor law prohibits workers’ arbitration agreements from including class action waivers. On the other hand, two appellate courts have rejected the NLRB’s view, making it likely that the U.S. Supreme Court will …
In a ruling that widens the divide between federal appellate courts, the Ninth Circuit sided today with the Seventh Circuit and the National Labor Relations Board (“NLRB”) in holding that the class action waiver provision of a company’s arbitration agreement with employees violates the National Labor Relations Act (“NLRA”). Prior to this decision, the Seventh Circuit was alone in its dissention …
Calif. Supreme Court rubber stamps excessive class action attorneys’ fees By Lawrence W. Schonbrun Class actions are a judicially created mechanism to protect the “little guys” from abuse by powerful institutions, corporations, and governments. In a regrettable decision, however, the California Supreme Court has refused to protect the rights and interests of class members by allowing the very …
State Treasurer Denise L. Nappier today announced that Amgen Inc. has agreed to pay $95 million to settle a class action suit filed on behalf of investors who bought Amgen securities between April 2004 and May 2007. “As lead plaintiff, we have diligently pursued this action for nearly a decade. This settlement will assist institutional and …
When Connecticut State Treasurer Denise Nappier announced Wednesday that the state retirement fund, as the lead plaintiff in a securities class action against the biotech company Amgen, had settled the case for $95 million, I was startled to realize the litigation was still going on. It’s been a while, after all. Investors first sued Amgen all the way back in 2007 for (among other …