Class Actions Blog

NCLC files amicus brief in AT&T Mobility v. Concepcion

Posted on: November 3rd, 2010 by Steve Larson

The National Consumer Law Center (“NCLC”) filed an amicus brief in AT&T Mobility v. Concepcion, which is pending before the U.S. Supreme Court.  As mentioned earlier in this blog, the Concepcion case involves the issue of whether states retain authority to apply general principles of contract interpretation to class action waivers found in arbitration agreements. Read more…

Eleventh Circuit reverses course and restores intent of CAFA

Posted on: October 27th, 2010 by Steve Larson

On October 15, 2010, the Eleventh Circuit withdrew its intensely controversial opinion on CAFA jurisdiction that I previously mentioned on this blog.  In its original opinion in Cappuccitti v. DirecTV, Inc., the Court held that the named class representative must meet the $75,000 requirement of diversity jurisdiction – even if the case was filed under the Class Action Fairness Act. This result generated immense criticism and petitions for en banc review from both the plaintiff and defendant. The new opinion clearly states that there is no requirement in CAFA that any single plaintiff’s claim exceed $75,000. Read more…

Dukes v. Wal-Mart; Employees file opposition to Wal-Mart’s Petition for Certiorari

Posted on: October 26th, 2010 by Steve Larson

As mentioned previously on this blog, in September 2010, Wal-Mart filed a petition asking the U.S. Supreme Court to review the Ninth Circuit’s decision in Dukes v. Wal-Mart certifying a class of more than a million current and former female workers who allege they were discriminated against.

On October 21, 2010, the counsel for the class of Wal-Mart employees filed an Opposition to Wal-Mart’s Petition to the U.S. Supreme Court for a writ of certiorari.  The employees’ counsel argued that the writ should be denied because the decision is interlocutory and two fundamental questions remain unresolved.  Read more…

Eleventh Circuit creates confusion with CAFA decision

Posted on: October 15th, 2010 by Steve Larson

CAFA substantially changed the class action landscape in 2005 by creating specialized jurisdiction in federal court for class action cases. The law amended 28 U.S.C. § 1332 to permit federal courts to hear class action cases of at least 100 members when the parties are minimally diverse and the aggregate damages exceed $5 million.  In Cappuccitti v. DirecTV, Inc., the Eleventh Circuit held that the case before it, originally filed as a class action in the Northern District of Georgia under CAFA, did not meet the jurisdictional requirements to be heard in federal court.  While instructing the district court to dismiss the case due to lack of jurisdiction, the court held that in class actions originally filed under CAFA, at least one plaintiff must assert damages of over $75,000 to meet the jurisdictional requirements of Section 1332(a).  To do otherwise, the court stated, would “transform federal courts hearing originally-filed CAFA cases into small claims courts, where plaintiffs could bring five-dollar claims by alleging gargantuan class sizes to meet the $5,000,000 aggregate amount requirement.” Read more…

Residents of San Bruno, California file class action suit against PGE

Posted on: October 13th, 2010 by Steve Larson

A class-action lawsuit has been filed against Pacific Gas and Electric (PGE) over a gas explosion that destroyed 37 homes and killed eight people. The suit, on behalf of the residents of San Bruno, claims the utility was “negligent, and either its actions or inaction caused the pipe to blow up.”  The complaint is lacking in any particulars, because the investigation is still ongoing.  You can view a copy of the complaint via this link:  PGE Class Action Complaint.

GMAC mortgage class action over alleged false foreclosure documents

Posted on: October 8th, 2010 by Steve Larson

A class action lawsuit has been filed in Maine against GMAC Mortgage, LLC (GMAC) alleging, among other things, that GMAC filed knowingly false certifications for foreclosure and false affidavits in support of foreclosure. The GMAC foreclosure documentation class action lawsuit complaint alleges that thousands of Maine homeowners have lost their homes due to judgments based on alleged false GMAC foreclosure certifications and affidavits.  Maine is one of the 23 states where judicial sign-off is required to move ahead with a foreclosure, and where GMAC (now Ally Financial) has suspended evictions. 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.

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  • 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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