Litigation

Recent Posts

AbbeySpanier LLP: Email Privacy Rights Upheld Against Google
Posted on 27 Nov 2013 by Abbey Spanier

A district court in California joined a growing number of other courts in finding that Google may not hide behind the “ordinary course of business” exception found in the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C... Read More

Abbey Spanier: California Appeals Court Reverses Its Previous Denial of Class Certification In Light Of Brinker Decision
Posted on 3 Jun 2013 by Abbey Spanier

Plaintiffs brought a class action on behalf of approximately 4,000 current and former employees of Boyd & Associates, Inc. which provides security guard services. Plaintiffs alleged that Boyd denied off-duty meal breaks and off-duty rest breaks and... Read More

Abbey Spanier LLP: Will Supreme Court Address Class Action Fraud-On-The Market Presumption?
Posted on 19 Jan 2012 by Abbey Spanier

By Jill S. Abrams In December , we addressed the Ninth Circuit's recent decision in Connecticut Retirment Plans and Trust Funds v. Amgen, Inc., No. 0956965, 2011 U.S. App. LEXIS 22540 (9th Cir. Nov. 8, 2011) [ an enhanced version of this opinion... Read More

Abbey Spanier LLP: California Appeals Court Reverses Its Previous Denial Of Class Certification In Light Of Brinker Decision
Posted on 14 Jun 2013 by Abbey Spanier

Plaintiffs brought a class action on behalf of approximately 4,000 current and former employees of Boyd & Associates, Inc. which provides security guard services. Plaintiffs alleged that Boyd denied off-duty meal breaks and off-duty rest breaks and... Read More

Abbey Spanier: Court Certifies Class Action On Behalf Of Papa John’s Customers Who Received Unsolicited Text Messages
Posted on 23 Jan 2013 by Abbey Spanier

Have you ever received unsolicited advertising in the form of a text message? These forms of solicitations may be illegal under the Telephone Consumer Protection Act ("TCPA") which restricts telephone solicitations and the use of automated telephone... Read More

AbbeySpanier LLP: 9th Circuit Revives HAMP Claims Against Wells Fargo
Posted on 27 Nov 2013 by Abbey Spanier

In Corvello v. Wells Fargo Bank, NA , 11-16234, 11-16242, 2013 WL 4017279 (9th Cir. Aug. 8, 2013) (a copy of the opinion can be found here ), the Ninth Circuit reversed the lower Court’s dismissal of two consolidated class action complaints, holding... Read More

Abbey Spanier LLP: Maryland Court Of Appeals Denies Attempt To Pick-Off Plaintiff In Class Action
Posted on 5 Mar 2013 by Abbey Spanier

By Orin Kurtz In Frazier v. Castle Ford, Ltd. , 2013 WL 265072 (January 24, 2013) [ enhanced version available to lexis.com subscribers ], the Maryland Court of Appeals put the brakes on a tactic that has gained favor among defendants in class actions... Read More

Abbey Spanier: Court Finds That Dukes Does Not Bar Consumer Class Action
Posted on 24 Feb 2012 by Abbey Spanier

As we have discussed several times in this blog, since the Supreme Court's decision last June in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) [ enhanced version available to lexis.com subscribers ], defendants in lawsuits throughout the... Read More

Abbey Spanier: Chipping Away at AT&T v. Concepcion
Posted on 25 Jan 2012 by Abbey Spanier

By Joshua Druckerman In Feeney v. Dell , we spotted a ray of hope piercing the clouds of the Supreme Court's holding in AT&T Mobility LLC v. Concepcion . In Concepcion , the Supreme Court struck a significant blow against the rights of consumers... Read More

Abbey Spanier LLP: Ticketmaster to Settle Class Action Over Order Processing Fees
Posted on 18 Jan 2012 by Abbey Spanier

by Joshua Druckerman Anyone who has shopped for concert tickets online knows the feeling. The convenience fees, order processing fees, and shipping fees added to the ticket price make going to concerts an expensive proposition these days, especially... Read More