Litigation

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Ballard Spahr LLP: Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, 9th Circuit Holds
Posted on 25 Aug 2014 by Ballard Spahr LLP

By the Consumer Financial Services Group In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product... Read More

Ballard Spahr LLP: 3rd Circuit Clarifies Article III Standing For Absent Class Members, Impact Of Comcast
Posted on 28 Jul 2015 by Ballard Spahr LLP

By Burt Rublin, Michael Carroll, and Casey Watkins In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution... Read More

Ballard Spahr LLP: Federal Court Ruling In Pa. Narrows Computer Fraud And Abuse Act
Posted on 1 Apr 2014 by Ballard Spahr LLP

By Robert R. Baron, Jr., David S. Fryman, Corinne Militello, and Philip N. Yannella A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to... 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: New Jersey Supreme Court Clarifies Impact Of FDA Approval On Discovery Rule
Posted on 2 Mar 2012 by Ballard Spahr LLP

Adopting a middle-of-the-road approach that may raise more questions than it answers, the New Jersey Supreme Court has ruled that FDA approval of drug and medical device warnings creates a presumption against application of the discovery rule to a defendant's... Read More

Ballard Spahr LLP: Flurry of FCRA Complaints Recently Filed in Nevada Courts
Posted on 15 Oct 2015 by Ballard Spahr LLP

Approximately 50 cases have been filed recently in Nevada state and federal courts against furnishers of information and credit reporting agencies (CRAs) for alleged Fair Credit Reporting Act (FCRA) violations. It appears that consumer rights attorneys... 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: Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions
Posted on 11 Apr 2014 by Ballard Spahr LLP

By Burt M. Rublin and Jonathan E. Selkowitz The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA... 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: 3rd Circuit Rejects Class Certification in Yet Another Consumer Case
Posted on 30 Sep 2014 by Ballard Spahr LLP

By Burt M. Rublin and Joel E. Tasca Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged... 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

Ballard Spahr LLP: Delaware Supreme Court Deals Blow To Merger Litigation Plaintiffs
Posted on 1 Apr 2014 by Ballard Spahr LLP

By M. Norman Goldberger and Laura E. Krabill On [March 14], theDelaware Supreme Court adopted the business judgment rule standard of review for some controlling stockholder freeze-out mergers and potentially other interested party transactions. In... Read More

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Procedures Act Strikes Again in the District of Columbia
Posted on 14 Feb 2014 by Ballard Spahr LLP

By Roger D. Winston, Shelah F. Lynn and Timothy P. Martin A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as... Read More

Ballard Spahr LLP: Supreme Court Rules That Severance Payments Are Subject To FICA Taxes
Posted on 1 Apr 2014 by Ballard Spahr LLP

By Wendi L. Kotzen, Timothy F. McCormack, and Christopher A. Jones The U.S. Supreme Court has unanimously held that payments of supplemental unemployment benefits (SUB payments) are taxable wages subject to FICA tax withholding. The Court’s decision... Read More

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