Class Actions Blog

Class Certification Sought in Class Action Over Cable Boxes Filed Against Comcast

Posted on: February 10th, 2017 by Steve Larson

On February 3, 2017, two consumers filed a motion for class certification in Florida federal court against telecommunications company, Comcast. The plaintiffs allege that charging customers a “leasing fee” for cable box modems that the customers already own unjustly enriches Comcast and violates the Florida Deceptive and Unfair Trade Practices Act.

The motion for class certification states that the class would be wide reaching, including thousands of irate Comcast customers. Read more…

U.S. Supreme Court Delays Argument On NLRB Class Action Waiver Issue Until Late 2017 or 2018

Posted on: February 9th, 2017 by Steve Larson

On Friday, January 13, the U.S. Supreme Court agreed to resolve a conflict between the circuits as to whether class action waivers violated the National Labor Relations Act.  It accepted three of the cases for review: the 5th Circuit’s Murphy Oil case, the 7th Circuit’s Epic Systems case, and the 9th Circuit’s Ernst & Young case. The cases will be consolidated for purposes of oral argument and final written opinion.

That argument will not take place until October 2017 at the earliest, which means there will likely be no final decision until late 2017 or early 2018.  Many speculate that the delay was to allow U.S. Supreme Court nominee Gorsuch to be seated to participate in the decision.

Class Action Certified for Pacer Users

Posted on: January 25th, 2017 by Steve Larson

A class of Pacer users was certified by a Washington, D.C. federal judge this week.  The suit had been filed by three nonprofit groups alleging the government is illegally making a profit on the court records service.  The judge ruled the three nonprofits could adequately represent all PACER users.

The three nonprofits are the National Veterans Legal Services Program, the National Consumer Law Center and Alliance for Justice.  U.S. District Judge Ellen Segal Huvelle granted the motion for class certification in the suit alleging PACER’s fees violated the E-Government Act.  The suit seeks a refund of any overcharges. Read more…

Swift Truck Driver Contractor Agreements Ruled to Be Contracts of Employment

Posted on: January 10th, 2017 by Steve Larson

In an interesting twist on the interpretation of the Federal Arbitration Act, an Arizona federal judge ruled that drivers’ contractor agreements with Swift Transportation Co. were contracts of employment, making them exempt from the Federal Arbitration Act (“FAA”).  The FAA  exempts from arbitration “contracts of employment of seamen, railroad workers, and workers engaged in foreign or interstate commerce.” Read more…

Hyundai Settles Defective Engine Class Action

Posted on: December 28th, 2016 by Steve Larson

U.S. District Judge Beth Labson Freeman announced that she would grant final approval to the proposed settlement agreement between Hyundai and class members alleging that the Hyundai Sonata contains a defective engine.  Named plaintiff, Elizabeth Mendoza, originally filed the class-action lawsuit in the spring of 2015. Mendoza claimed that the 2.4-liter Theta II engines that are installed in various Hyundai Sonata models contain a defacer that causes them to fail. The complaint alleges that the defect is due to faulty connecting rod bearings. Specifically, that when the bearings fail they cause metal debris to spread throughout the engine by way of the engine oil. Read more…

Cruise marketing companies settle TCPA class action for $76 million

Posted on: December 1st, 2016 by Steve Larson

shipThree cruise marketing companies have reportedly agreed to settle a class action alleging they violated the Telephone Consumer Protection Act by robo-calling millions of American consumers with offers for free trips.  The deal will reportedly cost the companies between $56 million and $76 million to settle the claims.

The deal, involving Caribbean Cruise Line Inc., The Berkley Group Inc. and Vacation Ownership Marketing Tours Inc. was entered into just shortly before the trial was set to begin. 

The plaintiffs, which include 1 million people who received calls from Caribbean Cruise Line and its subsidiary marketing companies between August 2011 and August 2012, will reportedly receive about $500 for each call they received.  The amount class members will receive will change depending on how many people make claims.  The minimum amount the companies will pay will be $56 million, while the maximum will be $76 million.

The case is Birchmeier et al. v. Caribbean Cruise Line Inc. et al., case number 1:12-cv-04069, in the U.S. District Court for the Northern District of Illinois.


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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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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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