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Dukes Plaintiffs: When at First You Don't Succeed . . . .
As was reported yesterday the plaintiffs in the 2011 landmark class action case Dukes v. Wal-Mart haven't given up and are now attempting to pursue regional class cases in federal courts in California,...
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U.S. Court of Appeals Rules Employer Arbitration Agreements Can Limit Class...
On August 21st, the U.S. Court of Appeals for the Ninth Circuit in Richards v. Ernst and Young held that an employer’s arbitration agreement could be enforced, despite any limitation on joint or class...
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Target Security Breach Exposes Company to Class Action Litigation
This past holiday season, Target Corporation was victimized by one of the largest retail data breaches in the United States. On December 19, 2013, Target confirmed reports that hackers stole payment...
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Losing Preemption in a Labeling Class Action but Thinking About Winning Down...
A recent federal court decision rejected a preemption argument under the Food, Drug, and Cosmetic Act and the Nutrition Labeling and Education Act regarding Smart Balance “fat-free” milks. Admittedly,...
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Defeating Class Certification in Food Labeling Class Actions
In postings in September 2013 and February 2014, I discussed tactics for opposing class certification in food labeling class actions. These tactics included relying on the Supreme Court’s opinion in...
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