Searching Content indexed under Trials & Appeals & Compensation by Gary Pappas ordered by Published Date Descending.
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Belch! Ocean Spray Price Premium Damages Model Passes Comcast Scrutiny
The Southern District of California certified a food labeling class against Ocean Spray Cranberries, Inc. based in part upon a price premium damages model developed ...
United States
21 Dec 2018
Third Circuit Rejects ‘Shingle Lottery' Theory Of Common Defect In Putative Homeowner Class
The Third Circuit Court of Appeals recently affirmed a district court order denying certification to a group of homeowners in four states who alleged roof shingle manufacturer Owens Corning ...
United States
22 Jun 2018
SeaWorld Shareholders See Red After World Sees Blackfish
A California District Court granted certification to a group of SeaWorld investors in a shareholder securities fraud case following the release of the documentary "Blackfish."
United States
18 Dec 2017
Charges By Law Firm-Owned Vendors Challenged In Putative Client Class
Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the "law firm") to represent them in two separate personal injury lawsuits on a contingency basis.
United States
4 Dec 2017
Spokeo Gets Lyft Off
The Northern District of California dismissed a Fair Credit Reporting Act case against Lyft upon finding that plaintiff lacked Article III standing...
United States
11 Nov 2016
District Courts Find Impermissible "Fail-Safe" Class Definitions But Deny Motions To Strike Class Allegations
Two recent decisions from Illinois involving the TCPA provided valuable insight as how this court will respond to motions to strike class allegations that include impermissible "fail-safe" class definitions.
United States
30 Sep 2016
Nothing Shady Where State Statutory Language Restricting Class Actions Is Clear
Six years ago, the U.S. Supreme Court stated in a plurality opinion that "Rule 23 unambiguously authorizes any plaintiff, in any federal proceeding, to maintain a class action if the Rule's requirements are met"...
United States
28 Sep 2016
Cy Pres Standard Dispute Settled With Reasonable Approximation
The District Court for the Southern District of New York recently addressed whether the "next best" or "reasonable approximation" standard should apply when the court evaluates proposed cy pres designations in class action settlements.
United States
13 Sep 2016
Seventh Circuit Strikes Again – Rejects Settlement In Shareholder Deal Litigation
The Seventh Circuit rejected the proposed settlement of a Walgreens' shareholder strike suit in which the class obtained "worthless" supplemental disclosures but class counsel received generous fees.
United States
6 Sep 2016
No Repose For Debate On Applicability Of American Pipe Tolling
In its seminal 1974 American Pipe opinion, the Supreme Court held that the commencement of a class action tolls the applicable statutes of limitation as to all putative class members...
United States
6 Sep 2016
Look, Up In The Sky! It's A Bird, It's A Plane, It's… Uh Oh… A Super Lien!
Liability insurers have always gnashed teeth over the dreaded "super lien" – aka a lien asserted by Medicare for treatment expenses where the patient is reimbursed through a settlement obtained in personal injury litigation.
United States
1 Sep 2016
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