Litigation

Recent Posts

Ballard Spahr LLP: Single Publication Notice of Class Action Settlement Did Not Bar Subsequent Lawsuit
Posted on 13 Sep 2012 by Ballard Spahr LLP

By Alan S. Kaplinsky and Burt M. Rublin The Second Circuit has held that a plaintiff's lawsuit against a debt collector alleging violations of the Fair Debt Collection Practices Act (FDCPA) was not barred even though she was a member of a settlement... Read More

Ballard Spahr LLP: 3rd Circuit Finds FAA Preempts N.J. Law On Class Action Waivers
Posted on 6 Sep 2011 by Ballard Spahr LLP

By the Consumer Financial Services Group In the first federal appeals court decision to apply AT&T Mobility LLC v. Concepcion to a non-AT&T Mobility arbitration agreement, the U.S. Court of Appeals for the Third Circuit has held that the... Read More

Ballard Spahr LLP: The Next EFTA Class Action Wave Has Started
Posted on 2 Sep 2015 by Ballard Spahr LLP

A new type of Electronic Funds Transfer Act (EFTA) class action is now being filed in volume. This trend is highly likely to continue, as the cases are being filed by a consumer class action firm that has filed hundreds of class actions under the Telephone... Read More

Ballard Spahr LLP: 3rd Circuit Holds That Courts, Not Arbitrators, Should Rule On Classwide Arbitration
Posted on 8 Aug 2014 by Ballard Spahr LLP

By Steven W. Suflas, Alan S. Kaplinsky, Mark J. Levin, Burt M. Rublin, and Michelle M. McGeogh In Opalinski v. Robert Half International, Inc. [ enhanced opinion available to lexis.com subscribers ], the United States Court of Appeals for the Third... Read More

Ballard Spahr LLP: 7th Circuit Rejects 'Heightened Ascertainability' Requirement For Class Actions
Posted on 4 Aug 2015 by Ballard Spahr LLP

By Michael R. Carroll and Burt M. Rublin Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to... Read More

California Court Avoids Concepcion By Striking Arbitration Agreement Without Considering Class Action Waiver
Posted on 7 Dec 2011 by Ballard Spahr LLP

A recent decision by the California Court of Appeal underscores the importance of making arbitration provisions with class action waivers as consumer-friendly as possible - even after the U.S. Supreme Court's landmark ruling in AT&T Mobility v... Read More

Ballard Spahr LLP: Pennsylvania Data Breach Class Action Survives Motion to Dismiss
Posted on 7 Oct 2015 by Ballard Spahr LLP

By Daniel JT McKenna, Philip N. Yannella and Suzanne O. Lufadeju A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing... Read More