LexisNexis® Legal Newsroom
Abbey Spanier LLP: Ticketmaster to Settle Class Action Over Order Processing Fees

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 as more traditional box office services fall by...

Abbey Spanier LLP: Will Supreme Court Address Class Action Fraud-On-The Market Presumption?

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 is available to lexis.com subscribers ] regarding...

Abbey Spanier: Chipping Away at AT&T v. Concepcion

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 by allowing a corporation to waive class...

Abbey Spanier: Court Finds That Dukes Does Not Bar Consumer Class Action

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 country have asked the courts to de-certify previously...

Abbey Spanier: Court Certifies Class Action On Behalf Of Papa John’s Customers Who Received Unsolicited Text Messages

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 equipment. The TCPA also limits the use of...

Abbey Spanier LLP: Maryland Court Of Appeals Denies Attempt To Pick-Off Plaintiff In Class Action

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-and that has caught the attention of the Supreme...

Abbey Spanier: California Appeals Court Reverses Its Previous Denial of Class Certification In Light Of Brinker Decision

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 did not include certain reimbursements and an annual...

Abbey Spanier LLP: California Appeals Court Reverses Its Previous Denial Of Class Certification In Light Of Brinker Decision

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 did not include certain reimbursements and an annual...

AbbeySpanier LLP: Email Privacy Rights Upheld Against Google

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. §§ 2510, et seq. , to scan its users’...

AbbeySpanier LLP: 9th Circuit Revives HAMP Claims Against Wells Fargo

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 that if a borrower complies with a standardized...