Class Actions Blog

Tenth Circuit Holds Withdrawal of Class Settlement Approval Not Appealable

Posted on: February 14th, 2011 by Steve Larson

In McClendon v. City of Albuquerque, 2011 U.S. App. Lexis 597 (10th Cir., Jan. 12, 2011), the plaintiffs in this class action lawsuit attempted to appeal an order withdrawing approval of the class settlement.  The Tenth Circuit Court of Appeals held the order was not an appealable order under  28 U.S.C. § 1291.

Prior to reaching the substance of the appeal, the Tenth Circuit had to determine its authority for hearing the appeal.  The Court analyzed the defendants’ three main arguments in turn.  First, it held that an order withdrawing approval of a class settlement is not a “final decision” of a district court, regardless of the fact that it post-dates a final judgment.  In so holding, the court found that an order withdrawing approval of a class settlement doesn’t disassociate the court from the case, doesn’t end the litigation on the merits, and actually ensures litigation on the merits will continue. Read more…

Bank of America Settles Excessive Overdraft Class Action for $410 million

Posted on: February 11th, 2011 by Steve Larson

Bank of America Corp has agreed to pay $410 million to settle lawsuits accusing it of charging customers with excessive overdraft fees.  The largest U.S. bank by assets is among the more than two dozen U.S., Canadian and European lenders named as defendants in these type of class actions, which have been consolidated by the MDL panel in a giant proceeding in Florida. Read more…

Wal-Mart Files Opening Merits Brief in U.S. Supreme Court

Posted on: February 9th, 2011 by Steve Larson

On January 20, 2011, Wal-Mart filed its opening merits brief in the U.S.  Supreme Court in the Dukes v. Wal-Mart case mentioned several times earlier in this blog.  Not surprisingly, Wal-Mart asserts that the Ninth Circuit’s opinion is not consistent with the requirements of Fed. R. Civ. Proc. 23(a), because the “Class members – potentially millions of women supervised by tens of thousands of different managers and employed in thousands of different stores throughout the country – assert highly individualized fact-intensive claims for monetary relief that are subject to individualized statutory defenses.” Read more…

Human Resources Manager of Toshiba Files Gender Discrimination Class Action

Posted on: February 7th, 2011 by Steve Larson

The Human Resources Manager of Toshiba America Nuclear Energy (TANE) Corporation filed a class action employment lawsuit in the United States District Court for the Southern District of New York today in an effort to end systemic, companywide gender discrimination against herself and other female employees by TANE and its parent corporation, Toshiba America, Inc. Read more…

Stoll Berne Posts YouTube Video on Class Actions

Posted on: February 4th, 2011 by Steve Larson

On January 28, 2011, the Stoll Berne law firm from Portland, Oregon, launched a YouTube video that highlights the importance of the class action device in bringing collective justice.  The video can be viewed here or if you click on the arrow in the upper right corner of this blog’s home page..

Ticketmaster settles class-action lawsuit over fees

Posted on: February 4th, 2011 by Steve Larson

Live Nation Entertainment, the parent corporation of Ticketmaster, announced on January 26, 2011, that it had settled a class-action lawsuit over fees charged by its subsidiary, Ticketmaster. 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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