Searching Content indexed under Class Actions by Blank Rome LLP ordered by Published Date Descending.
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Goodbye Uber Class Action, Hello Individual Arbitration
Last week, in a significant blow to claims that gig economy workers are entitled to pursue disputes on a class or collective basis, and possibly whether those workers will be able to establish that they are employees and not independent contractors, a three-judge panel of the Ninth Circuit Court of Appeals unanimously decertified a class of 240,000 Uber drivers.
United States
9 Oct 2018
U.S. Supreme Court Rules That Federal Arbitration Act Pre-Empts CA Law Against Class Action Waivers
Action Item: The United States Supreme Court continues to find that federal law strongly favors arbitration clauses. The Supreme Court's decision in DIRECTV should provide some reassurance to companies that arbitration clauses in consumer contracts should be enforced by the courts.
United States
23 Dec 2015
Standing After Neale: Third Circuit Clarifies Jurisdictional Standing And Predominance Analysis In Consumer Class Actions
The Court of Appeals for the Third Circuit addresses federal jurisdiction, Article III standing, and scrutiny of class certification motions in the putative consumer fraud class action lawsuit against Volvo.
United States
3 Aug 2015
NJ Appellate Division Refuses Ascertainability Analysis In "Low-Value" Consumer Class Actions
New Jersey's Appellate Division has made clear that low value consumer fraud class actions pending in its state courts are not subject to an ascertainability analysis.
United States
29 May 2015
Third Circuit Emphasizes Distinction Between Ascertainability Analysis And Rule 23 Requirements
Action Item: Byrd, the latest in a recent line of cases from the Third Circuit concerning the ascertainability standard, emphasizes the importance of keeping the ascertainability analysis distinct from Rule 23's other requirements.
United States
26 May 2015
Federal Judge Strikes Class Allegations Pre-Certification And Discovery
Too many times a defendant is forced to foot the bill for costly discovery and motion practice before being able to successfully challenge class allegations.
United States
13 Feb 2015
The Third Circuit Distinguishes Between Types Of Class Actions For Purposes Of Its Ascertainability Analysis
Shelton is the latest in a recent line of cases from the Third Circuit demonstrating that application of the ascertainability requirement in class action litigation continues to evolve.
United States
2 Feb 2015
Ninth Circuit Holds That Putative TCPA Class Action Is Not Subject To Arbitration Clause In Shrinkwrap Contract
Companies utilizing "shrinkwrap" contracts within product packaging or in "Welcome Kits" should take steps to conspicuously disclose the terms of such agreements.
United States
18 Dec 2014
In Re Paulsboro Derailment Cases: Putting The Brakes On Defendants’ Momentum Regarding Recent Ascertainability Developments Within The Third Circuit
Recent developments in class action lawsuits have given class action defendants another strong and viable argument to raise at the class certification stage.
United States
12 Sep 2014
California Supreme Court Allows Arbitration Agreements With Class Waivers
The California Supreme Court held in that a state’s refusal to enforce an arbitration agreement that waives the right to class proceedings is preempted under the Federal Arbitration Act.
United States
4 Jul 2014
Target Data Breach Suit By Banks Extends To Security Vendor
December 18, 2013, was a dark day for Target Corp. Nationally ousted as the victim of the largest retail data breach in history, Target’s CEO Gregg Steinhafel took pains to assure consumers "they will not be held financially responsible for any credit or debit card fraud."
United States
16 Apr 2014
Second Circuit Finds Class Action Waivers Not Barred By FLSA
The U.S. Court of Appeals for the Second Circuit recently held that the Fair Labor Standards Act ("FLSA") does not bar class action waivers.
United States
22 Jan 2014
Fifth Circuit Allows Class Waivers In Arbitration Agreements
In a long-awaited decision, the United States Court of Appeals for the Fifth Circuit recently held that class action waivers in employee arbitration agreements do not violate the National Labor Relations Act ("NLRA").
United States
18 Dec 2013
Third Circuit Holds That State-Law Based Food Mislabeling Claims Are Preempted
Over the past several years, the body of case law concerning the labeling, marketing, and advertising of food and beverages has steadily grown.
United States
10 Jul 2013
Supreme Court Ruling Regarding FLSA Collective Action Lawsuits Leaves Important Questions Unanswered
A discussion on a highly anticipated decision, where the Supreme Court of the United States held in Genesis HealthCare Corp. v. Symczyk that a putative Fair Labor Standards Act collective action was properly dismissed where the lead plaintiff’s claim was moot and no other plaintiffs had joined the litigation.
United States
22 Apr 2013
The Supreme Court's Amgen Decision: Proof Of Materiality Is Not A Prerequisite To Certification Of A Securities Fraud Class Action
On February 27, 2013, six justices of the U.S. Supreme Court joined to hold that, in order for a class to be certified, plaintiffs in a securities fraud class action need only plausibly allege—not prove—that allegedly misleading statements are material.
United States
6 Mar 2013
Supreme Court To Decide Whether Materiality Must Be Proven To Certify A Class
On June 11, 2012, the United States Supreme Court granted certiorari to resolve an issue that may impact whether companies can defeat securities fraud class actions early in the litigation.
United States
21 Jun 2012
Third Circuit Rules That Federal Law Preempts Pennsylvania Prohibition On Class Action Waivers In Arbitration Agreements
Affirming the broad scope of the Supreme Court of the United States’ April 2011 decision in AT&T Mobility LLC v. Concepcion, the U.S. Court of Appeals for the Third Circuit recently rejected a challenge to the validity of an employee arbitration agreement based on Pennsylvania law prohibiting the waiver of class action claims.
United States
12 Apr 2012
NLRB Rules That Federal Labor Law Bars Class Action Waivers In Arbitration Agreements
In a decision that may have wide-ranging effects for all employers, the National Labor Relations Board ("NLRB") recently ruled that class action waivers in employee arbitration agreements violate federal labor law and are therefore unenforceable.
United States
13 Jan 2012
Are the Pennsylvania Class Action Rules Really As "Liberal" As Some Courts May Believe?
Standing in stark contrast to the US Supreme Court's recent decision reversing class certification in Wal-Mart Stores, Inc. v. Dukes, is the Pennsylvania Superior Court's recent decision in another class action involving Wal-mart-Braun v. Wal-Mart Stores, Inc. In an opinion, dated June 10, 2011-a mere ten days before the Dukes decision-the Braun opinion illustrates the significantly different and more liberal standard Pennsylvania courts are applying to this Commonwealth's class certification ru
United States
7 Jul 2011
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