LexisNexis® Legal Newsroom
Ballard Spahr LLP: 7th Circuit Rejects 'Heightened Ascertainability' Requirement For Class Actions

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 identify class members in a reliable and administratively...

Keller And Heckman LLP: Consumer Claims Targeting Trans Fat In Instant Noodles Case Survive Motion To Dismiss

Last month we wrote about FDA's determination that trans fat will no longer be generally recognized as safe ("GRAS") and that the agency's decision could open the door for consumers wishing to attack food products containing trans fat. 1 Perhaps in a sign of things to come, the "Food...

DLA Piper LLP: 7th Circuit Rejects 3rd Circuit's ‘Heightened’ Ascertainability Analysis

By E. Colin Thompson Critics of the controversial ascertainability requirement for class certification that the Third Circuit has been applying since 2012 are rejoicing after a recent Seventh Circuit Court of Appeals decision that flatly rejects the Third Circuit's approach. The Seventh Circuit...

Wage and Hour Exclusion Barred Coverage for Underlying Wage and Hour Class Action Asserting Claims for Misrepresentation, California Labor Code Violations and Unfair Competition

Admiral Ins. Co. v Kay Automotive Distributors, Inc. , 2015 U.S. Dist. LEXIS 11357 (C.D. Cal. Jan. 29, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. In Admiral , the Central District of California held that a wage and hour exclusion contained in...

Notice of Proposed Settlement & Hearing in 'Reasonable Fear Determination' Class Action: Alfaro Garcia v. Johnson

NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION INVOLVING DETAINED NON-CITIZENS WHO ARE AWAITING A “REASONABLE FEAR DETERMINATION” ALFARO GARCIA, ET AL. V. JOHNSON, ET AL., Case No. 4:14-cv-01775-YGR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA...

Ballard Spahr LLP: The Next EFTA Class Action Wave Has Started

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 Consumer Protection Act. Other plaintiffs’...

News Excerpts From the Oct. 15, 2015, Bender’s Immigration Bulletin

Administration Faces Criticism, Lawsuit After Revising October Visa Bulletin | The Department of State and Department of Homeland Security faced extensive criticism and a federal lawsuit after revising the October visa bulletin less than a week before it was expected to take effect. The revised visa...

Ballard Spahr LLP: Pennsylvania Data Breach Class Action Survives Motion to Dismiss

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 even though he had left Coca-Cola’s employment...

DLA Piper LLP: Does an offer of complete relief moot a putative class action? U.S. Supreme Court hears oral argument in Campbell-Ewald Co. v. Gomez

By E. Colin Thompson The United States Supreme Court has heard oral arguments in the much-watched Campbell-Ewald Co. v. Gomez , No. 14-857, case [lexis.com subscribers may access Supreme Court briefs for this case | Lexis Advance] . . The two questions presented in Gomez that are of importance to...

Troutman Sanders LLP: Trump Hotels Hit With Data Breach Class Action Lawsuit

A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The suit asserts claims under “state consumer...

#VisaGate2015 Lawsuit Update - Greg Siskind

Greg Siskind, Nov. 16, 2015 - "Today we filed for class certification motion in Mehta v. Kerry. That motion asks the judge to certify our case as a class action so that all people in the same shoes as our named plaintiffs will be able to file their adjustment of status applications as if the Visa...

J.C. Penney Pays $50 Million To Settle California False Advertising Class Action

J.C. Penney Corporation Inc. allegedly engaged in a false price comparison advertising scheme by advertising "sale" prices substantially lower than "original" or "regular" prices for apparel and accessories using false regular and original prices. In an action initiated...

Arizona Detention Conditions Lawsuit Moves Forward: Doe v. Johnson

Court Rejects Government’s Efforts to Dismiss Lawsuit Challenging Inhumane Detention Conditions in Border Patrol Facilities and Certifies Large Class of Immigrant Plaintiffs; Class Now Seeks to Unseal Government Documents Detailing Abuse NILC, Jan. 13, 2015 - "On Monday, a federal district...

Super Bowl of Sour Grapes

A federal lawsuit brought after Super Bowl XLVIII, which was held in New Jersey in 2014, was recently dismissed for lack on standing on the part of plaintiffs. Named plaintiffs, Josh Finkelman and Ben Hoch-Parker, wanted to attend the 2014 Super Bowl. Finkelman bought two tickets on the resale market...

Class Action Challenges DOJ/DHS Bond Policies in Immigration Court Cases: Hernandez v. Lynch

ACLU, Apr. 6, 2016 - "The federal government sets unreasonable bonds for detained immigrants, including asylum seekers, by failing to consider immigrants’ financial resources or ability to pay, according to a class action lawsuit filed today . The suit, filed by the ACLU Foundation of Southern...

Class Action Habeas Challenges Detention of Immigrants: Muzaliwa v. Brott

ACLU, April 12, 2016 - "The American Civil Liberties Union of Minnesota, the University of Minnesota Law School's Center for New Americans, and Dorsey & Whitney filed a class action lawsuit challenging the U.S. Immigration and Customs Enforcement (ICE) practice of continuing to detain immigrants...

H-1B Lottery Lawsuit Filed - Tenrec v. USCIS

Parrilli Renison, June 2, 2016 - "Our firm has initiated a legal challenge to the current lottery process in place for H-1B cap subject petitions, which are at present required to be filed in a 5 day window and randomly selected without regard to order of filing in previous years. Our BLOG POST...

Immigration Class Action Settlement: Lyon v. ICE

ACLU, June 14, 2016 - "In a first of its kind class action settlement , the U.S. Immigration and Customs Enforcement agency (ICE) has agreed to change its policies in four Northern California detention centers, ending severe restrictions on telephone use that make placing outgoing calls nearly impossible...

Class Certification Granted in MALDEF's RICO Suit Against Phony Visa Recruiters - Castellanos v. Systems USA

MALDEF, June 22, 2016 - " Yesterday, Judge Stephen J. Murphy of the U.S. District Court of the Eastern District of Michigan ruled that MALDEF's lawsuit against Systems USA Inc. and Systems USA Consulting LLC for violating the Racketeering Influenced and Corrupt Organizations Act (RICO) should...

Class Action Status Certified in J.E.F.M. v. Lynch

Matt Adams, NWIRP, June 27, 2016 - "A federal court has granted class-action status to a lawsuit challenging the federal government's failure to provide children in immigration court with lawyers in their deportation hearings. Several thousand children are estimated to be members of the class...

PROPOSED SETTLEMENT FOR UBER DRIVERS REJECTED

An attempt by Uber Technologies, Inc. to settle a class action brought by approximately 350,000 drivers who claimed they were employees and as such, entitled to various expenses, was rejected by U.S. District Judge Edward Chen in San Francisco, who found the settlement unfair, inadequate, and unreasonable...

Nationwide Class Certification Granted: Mendez-Rojas v. Johnson (Asylum; One-Year Filing Deadline)

NWIRP, Jan. 12, 2017 - "A federal court in Seattle has granted nationwide class action status to a case seeking to protect the rights of thousands of asylum seekers pursuing protection from persecution in their home countries. On January 10, 2017, the U.S. District Court for the Western District...

Immigrant Rights Groups File Class Action Suit Challenging Trump Administration’s “Muslim Ban”

AIC, Jan. 30, 2017 - "On January 30, 2017, the American Immigration Council, along with the Northwest Immigrant Rights Project, and the National Immigration Project filed a nationwide, class action lawsuit challenging the Trump Administration’s executive order, “Protecting the Nation...

Class Action Lawsuit Claims Delays in Immigration Courts: Cancino Castellar v. Kelly

ACLU San Diego, Mar. 10, 2017 ACLU Files Class Action Lawsuit Against DHS Challenging Months–Long Delays in Bringing Detained Immigrants, Asylum Seekers Before Judges Thousands Are Incarcerated For Months In Remote Facilities Waiting To See A Judge "The ACLU of San Diego & Imperial...

Class Action Challenges Chicago ICE Pre-Hearing Detention: Chavez Aguilar v. ICE

Chavez Aguilar v. ICE, Case: 1:17-cv-02296, N.D. Il., E.D., Mar. 27, 2017 - "This complaint presents a challenge to the policy and practice of U.S. Immigration and Customs Enforcement’s Chicago Field Office (hereinafter “ICE” or “ICE Chicago”) of detaining individuals...