Class Actions Blog

Disparate impact class action certified, despite U.S. Supreme Court ruling in Wal-Mart

Posted on: July 15th, 2011 by Steve Larson

The Honorable Nicholas Garaufis, a district court judge from the Eastern District of New York entered an order in the NYC Firefighters case, applying and, to a degree, limiting, the Supreme Court’s decision in Wal-Mart.  He certified subclasses under Rule 23(b)(3), including claims for compensatory damages. Read more…

Stoll Berne attorneys honored by 2011 Oregon Super Lawyers

Posted on: July 14th, 2011 by Steve Larson

STOLL BERNE proudly announces that twelve of the firm’s attorneys have been selected as either 2011 Oregon Super Lawyers or Rising Stars.

Lawyers recognized in the Oregon Super Lawyers list include: Gary Berne, Tim DeJong, Keith Ketterling, Steve Larson, David Lokting, Rob Shlachter, Scott Shorr and Robert Stoll.

Elizabeth Tedesco Milesnick, Yoona Park, Josh Ross and Jennifer Wagner have all been recognized in the Rising Stars list; and both Rob Shlachter and Tim DeJong as being in the top fifty lawyers in Oregon.

Only five percent of Oregon lawyers are recognized by Super Lawyers each year and only 2.5 percent are recognized on the Rising Stars list.  Independent polling, research and selection are performed by Thomson Reuters.

Washington Mutual settles investor class action lawsuit

Posted on: July 14th, 2011 by Steve Larson

Washington Mutual Inc. the former owner of the biggest bank to fail, and its former executives, underwriters and auditor reached a $208.5 million settlement of a class-action lawsuit by investors.  The settlement provides for $105 million in payments on behalf of the individual defendants, $85 million from the underwriters, and $18.5 million from Deloitte & Touche LLP, according to a request for preliminary approval filed yesterday in federal court in Seattle by lawyers for the Ontario Teachers’ Pension Plan Board, the lead plaintiff in the case. Read more…

Class action certified against Anaheim Angels for violation of ADA

Posted on: July 12th, 2011 by Steve Larson

Wheelchair users are likely to have an easier time purchasing tickets to and attending games at Angels baseball games after a recent Federal Court ruling granting class certification to improve wheelchair accessibility to games.  The Plaintiff in the lawsuit, J. Paul Charlebois, a baseball fan who is confined to a wheelchair, alleges that Angel Stadium fails to provide basic accommodations to disabled persons in its premier Club Level, the only section that includes amenities such as in-seat waiter and waitress food and beverage services. Remarkably, in the Club Level consisting of thousands of seats and luxury boxes, there are only two wheelchair accessible seats on the entire level. Read more…

U.S. Supreme Court holds federal court cannot enjoin state court from certifying a class action

Posted on: July 7th, 2011 by Steve Larson

When a federal court denies class certification in a case, can it also enjoin a state court from considering certification of identical claims?  In Smith v. Bayer Corp., No. 09-1205 (U.S. June 16, 2011), the Supreme Court held that unless (1) the same named plaintiff is at issue in both and (2) the state and federal class-certification standards are identical, it cannot.

Read more…

Wal-Mart decision may affect Costco class action

Posted on: July 5th, 2011 by Steve Larson

Costco Wholesale Corp. may be able to block women accusing it of gender bias from suing as a group because of the U.S. Supreme Court’s decision in a discrimination suit against Wal-Mart Stores Inc.  The women sued Costco in 2004, accusing the largest U.S. warehouse-club chain of limiting promotions of female employees to assistant general manager and general manager by failing to post such job openings.  They won the right to sue as a group in a class action in 2007.  Costco’s appeal of that order was put on hold while the Supreme Court considered 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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