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U.S. Eleventh Circuit Court of Appeals - Pop v. LuliFama.com - class action, FDUTPA, influencers - Perfection Bakeries v. Retail Wholesale - pension fund, withdrawal liability - Bayse v. Philbin - qualified...more
The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic...more
U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more
The federal district court in Arizona recently confirmed that employers need a compelling reason to include reversionary clauses in wage-and-hour class action settlements. In Kostov v. Maricopa County Special Health Care...more
The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent - Almost every week, I get a familiar email from a company: “We just received this demand letter. What is it? Is it serious?”...more
I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more
For anyone wondering what the cost of TCPA class action defense looks like when you retain #biglaw, buckle up because I have a fantastic story for you. A while back a guy named Brian Trenz sued Volkswagen in a TCPA class...more
Well as TCPAWorld.com readers know well the TCPA class actions continue to pour in. Previously we reported TCPA class action filings were up over 100% YoY through March, 2025....more
On June 2, 2025, the Civil Justice Council (“Council”)—a public body that reviews and makes recommendations to the UK Government about the English civil justice system—published its much-anticipated report on litigation...more
On Friday, May 16th, plaintiff’s counsel in the Rodriguez v. Intuit Inc. case filed a motion to support a settlement of $1,995,000. The motion appears to reflect a good compromise between the parties … and as they say, a...more
U.S. Eleventh Circuit Court of Appeals - Jones v. Ceinski - qualified immunity - Otto Candies v. Citigroup - RICO, fraud, conspiracy - Berrocal v. US Att’y Gen - standing, international treaty - Maglana v....more
On February 25, 2025, the U.S. Supreme Court ruled in Lackey v. Stinnie that plaintiffs who gain preliminary injunctive relief before an action becomes moot do not qualify as “prevailing parties” for attorney’s fees under 42...more
Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees...more
Ohio Attorney General Dave Yost’s office asked a federal judge on Thursday to intervene in a lawsuit filed by the Cleveland Browns to test the “Modell Law,” a state law designed to stop teams from leaving cities that...more
The United Supreme Court will hear arguments this month in a case that will have widespread consequences for the business community, specifically the products industry. In Medical Marijuana v. Horn, the question presented to...more
When a class action lawsuit ends, class counsel typically seek a fee award. Under Rule 23(h), the district court must make findings of facts and conclusions of law to support an award of “reasonable attorney’s fees and...more
In Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel’s fees were unreasonable and excessive, even though the settlement...more
Takeaway: Courts are continuing to take a hard look at class action fee awards, and in In re T-Mobile Customer Data Security Breach Litigation, --- F.4th ----, 2024 WL 3561874 (8th Cir. July 29, 2024), the Eighth Circuit...more
These days it seems like nearly every data breach results in a multitude of class action filings. Some of these cases settle quickly with minimal litigation. In such a case, the Eighth Circuit recently reversed an attorneys’...more
Class Action Settlements. The Tenth Circuit held that in determining how to calculate attorneys’ fees and...more
It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more
Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more
In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more
Earlier this week, a bill seeking to amend the Private Attorneys General Act (PAGA) to allow courts to grant injunctive relief passed the Assembly Floor and is headed to the Senate. If AB 2288 passes the Senate to...more
Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more