Class Actions Blog

7th Circuit expands Supreme Court ruling prohibiting pick-off attempts

Posted on: June 22nd, 2017 by Keith Dubanevich

On June 20, 2017, the 7th U.S. Circuit Court of Appeals reversed a trial judge’s dismissal of a putative class action case finding that a pick-off attempt was unsuccessful. Fulton Dental LLC v. Bisco Inc., ___F.3d___, No. 16-3574 (7th Cir. June 20, 2017). In this case under the Telephone Consumer Protection Act, the defendant had deposited a payment with the court under FRCP 67, which payment it claimed was sufficient to make the named plaintiff whole (the full amount of the named plaintiff’s individual claim). The plaintiff never accepted the payment and denied any agreement to settle. Nonetheless, the district court ruled that the payment mooted the plaintiff’s claim and disqualified it from serving as a class representative.  Thereafter the court dismissed the case in its entirety.

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U.S. Justice Department switches sides in NLRB case before Supreme Court

Posted on: June 20th, 2017 by Steve Larson

The Department of Justice announced on June 16, 2017 that it will switch sides in a Supreme Court case, dropping its previous support for workers to throw its weight behind management.

The case, NLRB v. Murphy Oil, had held that an employment contract that requires the employee to waive his or her right to bring a class-action lawsuit against the employer violates the National Labor Relations Act.

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Former Rentrak investors settle class action in Oregon state court for $19 million

Posted on: June 13th, 2017 by Steve Larson

Former shareholders of Rentrak Corp. sued the company and its directors in Oregon state court over a now-completed merger with comScore Inc.  The investors had accused Rentrak’s board and two top executives of accepting a low-ball offer from the web traffic analysis firm comScore in order to preserve their own jobs, failing to disclose a better bid to shareholders and caving to pressure from a major shareholder to seal the deal. Rentrak was in the audience measurement business.

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Spotify to pay $43 million to settle song writer class action

Posted on: June 7th, 2017 by Steve Larson

Spotify has agreed to pay $43 million to settle a class action lawsuit alleging that the streaming service failed to pay proper royalties to thousands of songwriters. Under the terms of the agreement, which must be approved by a judge, the streaming service will set up a $43.4 million fund to pay song owners for past uses, as well as procedures to pay class members ongoing royalties that could “easily total tens of millions of dollars.”

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Banks file class action against Chipotle over data breach

Posted on: June 5th, 2017 by Steve Larson

On April 26, 2017, Chipotle Mexican Grill announced that it had detected a breach of the system it uses to process customers’ payment card information. Last week, a second financial institution filed a proposed class action in Colorado federal court accusing the restaurant chain of failing to maintain adequate security measures.

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Legal Disclaimer

The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.

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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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