Class Actions Blog

Ninth Circuit rules deposit of offer of judgment into escrow fund does not moot class action

Posted on: April 29th, 2016 by Steve Larson
justiceThe U.S. Court of Appeals for the Ninth Circuit ruled that a putative class action could proceed despite a defendant offering judgment on a named plaintiff’s individual claims under Federal Rule of Civil Procedure 68.  In the case, Chen, et al. v. Allstate Ins. Co., named plaintiffs Richard Chen and Florencio Pacleb filed a class-action complaint against Allstate Insurance Company alleging violations of the Telephone Consumer protection Act (“TCPA”) after receiving unsolicited automated calls and texts from the company. Plaintiffs, on behalf of themselves and those similarly situated, sought $500 in statutory damages for each violation by Allstate, as well as injunctive relief.
 
Allstate attempted to have the class action dismissed by offering settlement to the named plaintiffs and depositing $20,000 in an escrow fund in furtherance of the settlement.

Read more…

Uber settles driver misclassification class action for $100 million

Posted on: April 22nd, 2016 by Steve Larson

CarUber has agreed to pay up to $100 million to settle a class-action lawsuit which resolves a major challenge to its business model by allowing the ride-hailing service to keep its California and Massachusetts drivers as independent contractors.  The lawsuit had claimed that Uber drivers are employees and thus entitled to reimbursement of expenses. Read more…

Sony settles out of lithium-ion battery antitrust class action

Posted on: April 15th, 2016 by Steve Larson

Lithium ion batterySony became the first defendant to settle claims in the multidistrict litigation (MDL) alleging that lithium-ion battery makers including Sony, Toshiba Corp., NEC Corp and LG Chem America and others, violated antitrust laws by fixing the prices of lithium-ion batteries sold to both direct purchasers and consumers. The litigation was consolidated into an MDL in California federal court under U.S. District Judge Yvonne Gonzalez Rogers in 2014. Read more…

New Yorker: Justice Scalia’s Corporate Influence

Posted on: April 15th, 2016 by Steve Larson

US Supreme CourtNew Yorker magazine has a very good article on how Scalia’s replacement may have a big impact on class actions.

Here is the link: http://www.newyorker.com/magazine/2016/03/07/antonin-scalias-corporate-influence.

American Family Insurance agent class action certified in misclassification case

Posted on: April 1st, 2016 by Steve Larson

employeesA federal judge in Ohio granted class certification to insurance agents who claim that the company who hired them, American Family, mislabeled its sales force as “independent contractors” to avoid compliance with the requirements of the Employee Retirement Income Security Act (“ERISA”). Read more…

U.S. Supreme Court rules in favor of class actions in Tyson Foods case

Posted on: March 25th, 2016 by Steve Larson

justiceThe U.S. Chamber of Commerce and other Big Businesses had hoped that the U.S. Supreme Court would further undercut class actions in a class action against Tyson Foods being considered by the court.  Contrary to the hopes of Tyson Foods and the various amici that filed briefs in support of Tyson’s position, the Supreme Court on March 22, ruled that it is acceptable for trial courts to allow the use of statistical estimates when establishing liability in multiparty cases against companies.  Tyson Foods had asked the court to limit claims to only those that could prove individual injuries.

The decision was 6-2, and expressly stated that lawyers for corporations had read too much into recent precedents curbing class-action litigation, like Dukes v. Wal-Mart.  Read more…

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This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

About the author

  • Steve Larson

  • Steve Larson
  • Steve Larson has been representing investors, consumers and employees in class actions in Oregon for over 20 years. He is a shareholder at the law firm of Stoll Berne in Portland, Oregon.
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