Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary...more
6/22/2018
/ Appeals ,
Class Certification ,
Fines ,
Florida ,
Municipalities ,
Predominance Requirement ,
Preemption ,
Putative Class Actions ,
Red Light Cameras ,
Superiority Claims ,
Traffic Laws ,
Voluntary Payments
The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut the presumption established by the...more
1/31/2018
/ Appeals ,
Barclays ,
Burden of Persuasion ,
Burden of Production ,
Class Action ,
Class Certification ,
Collateralized Debt Obligations ,
Conflicts of Interest ,
FRCP 23(b)(3) ,
Goldman Sachs ,
Material Misstatements ,
Preponderance of the Evidence ,
Rule 10(b) ,
Rule 10b-5 ,
Securities Exchange Act ,
Securities Fraud ,
Securities Violations ,
Stocks
The Sixth Circuit recently affirmed approval of a class action settlement agreement, holding that “a post-settlement change in the law does not alter the binding nature of the parties’ settlement agreement, nor does it...more
Ernst & Young’s (“E&Y”) employment agreements contained “separate proceedings” and arbitration provisions, which together required that disputes be resolved individually through arbitration, rather than collectively through...more
9/6/2016
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7
The Northern District of Illinois vacated its grant of fees to class counsel for work performed following an initial fee award, finding that Rule 23(h) required notice to the class regarding counsel’s new fee request, even...more
After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality...more