Class Actions Blog

Wells Fargo got away with setting up sham accounts for 5 years because of forced arbitration clauses

Posted on: September 21st, 2016 by Steve Larson

fine printAccording to a story published in the Hill, Wells Fargo’s scandalous practice of secretly opening more than 2 million sham deposit and credit card accounts dragged on for at least five years, because Wells Fargo contract provisions blocked consumers from suing the bank in court. Read more…

Mylan hit with class action for EpiPen price gouging

Posted on: September 7th, 2016 by Steve Larson

Consumer ProtectionAn Ohio woman on Tuesday filed a proposed class action lawsuit against Mylan Pharmaceuticals Inc. in Ohio state court, claiming sharp price hikes for the company’s EpiPen device violated the state’s consumer protection law.  According to the lawsuit, Mylan has raised the U.S. price of EpiPen, which is used to treat life-threatening allergies, from less than $100 when it acquired the product in 2007 to more than $600, drawing criticism from parents, consumer groups and U.S. politicians. Read more…

Wen hair products offers to settle class action for $26 million

Posted on: September 2nd, 2016 by Steve Larson

cosmetic productsThe creator of Wen hair care products, and the products manufacturer, Guthy-Renker LLC, have proposed a $26.25 million settlement to end class action claims filed by women across the country who allege that the product, which is promoted as containing no harsh chemicals, left them with severe hair loss and bald spots. Plaintiffs claim that the hair care product left them with hair loss, breakage and rashes, arguing that the product contains caustic ingredients that cause follicle damage. Bolstering the plaintiffs’ position is the fact that the FDA has recently issued a safety alert for Wen products after receiving more than 127 adverse event reports from consumers who had problems with the product. Read more…

Ninth Circuit finds variations in damages does not defeat class certification

Posted on: August 22nd, 2016 by Keith Dubanevich

employeesIn June, the U.S. Ninth Circuit Court of Appeals affirmed class certification of a wage and hour case over the defendants’ objection that individual damages calculations predominated. Vaquero v. Ashley Furniture Industries, Inc., ___ F.3d ___ (9th Cir. Jun. 8, 2016).  Read more…

Respected US District Judge Jed Rakoff refuses to enforce Uber’s arbitration and class action waiver clauses

Posted on: August 4th, 2016 by Keith Dubanevich

In a strongly worded decision, Judge Rakoff began his opinion by raising suspicion about whether the Federal Arbitration Act could properly be applied in today’s commercial context:

Application of [the federal policy favoring arbitration] to the Internet is said to inhere in the Federal Arbitration Act, as if the Congress that enacted that Act in 1925 remotely contemplated the vicissitudes of the World Wide Web. Nevertheless, in this brave new world, consumers are routinely forced to waive their constitutional right to a jury and their very access to courts, and to submit instead to arbitration, on the theory that they have voluntarily agreed to do so in response to endless, turgid, often impenetrable sets of terms and conditions, to which, by pressing a button, they have indicated their agreement.

Read more…

New York Times article suggests forced arbitration clauses (like those in Gretchen Carlson case) protect sexual predators

Posted on: August 3rd, 2016 by Steve Larson

fine printHere is the link to a New York Times article that is critical of the Forced Arbitration Clause in Gretchen Carlson’s Fox News Contract.  http://www.nytimes.com/2016/07/14/business/media/gretchen-carlsons-contract-could-shroud-her-case-in-secrecy.html?ref=business&_r=0

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About this blog

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

About the authors

  • 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.
  • Keith Dubanevich

  • Steve Larson
  • Keith Dubanevich has extensive experience handling antitrust, consumer and securities cases. Until joining the Portland, Oregon law firm Stoll Berne as a shareholder, he was the Associate Attorney General and Chief of Staff at the Oregon Department of Justice.
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