Plus Feature: Ohio Supreme Court Holds That Crimes Are Torts

Crimes are crimes.  And torts are torts.  And now, in Ohio, crimes are also torts.

Let me explain.  In Ohio, as elsewhere, crimes are subject to criminal prosecution and rules of criminal procedure.  The government prosecutes crimes and asks courts to impose criminal penalties.  Continue reading “Plus Feature: Ohio Supreme Court Holds That Crimes Are Torts”

In a Scorching Opinion, Sixth Circuit Refuses to Undo Class Action Settlement

Sometimes, appellate decisions are written in a purely clinical voice.  Other times, they’re infused with a dash of hot sauce.

Plaintiffs, who worked for defendants’ “Fourth Street Live” entertainment district in downtown Louisville, brought a putative class action against defendants in the Western District of Kentucky alleging violations of the Kentucky Wage and Hour Act relating to “their policies regarding off-the-clock work and mandatory tip-pooling.”  The court granted plaintiffs’ class certification motion.  Defendants then sought interlocutory appellate review but that was denied, as was their motion to reconsider.  Settlement discussions ensued, and the parties eventually reached agreement on the financial aspects.  It took them nearly another year, however, to agree on the non-monetary terms.  When that occurred, the parties filed a joint status report advising the court that they’d settled and that formal settlement documents would soon follow. Continue reading “In a Scorching Opinion, Sixth Circuit Refuses to Undo Class Action Settlement”

Sixth Circuit Reverses Defendant’s TCPA Class Action Win

This decision is more than merely an appellate adjudication of a TCPA case.  It’s an announcement of class certification law by the Sixth Circuit Court of Appeals.

Here’s the court’s summary: Continue reading “Sixth Circuit Reverses Defendant’s TCPA Class Action Win”

Plus Feature: Seventh Circuit dismisses FACTA Class Action on Spokeo Grounds

On December 13, 2016, the Seventh Circuit Court of Appeals dismissed a plaintiff’s claims under the Fair and Accurate Credit Transactions Act (“FACTA”) for lack of jurisdiction. In the first federal appellate decision involving FACTA following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the Seventh Circuit held that the plaintiff failed to establish that he suffered an injury-in-fact for purposes of Article III standing.

Continue reading “Plus Feature: Seventh Circuit dismisses FACTA Class Action on Spokeo Grounds”

Football, Apple Pie and Class Actions Redux

On December 12, 2016, the U.S. Supreme Court denied certiorari in Gilchrist v. National Football League, case no. 16-283 and Armstrong v. National Football League.  For my prior post on these cases, see https://beneschclassactionblog.com/2016/11/28/as-american-as-football-apple-pie-and-class-actions/.  And please pass the bean dip.

The Sturm Und Drang of 12(b)(6) Motions

No one likes to be slammed.  Slamming, according to the FCC, “is the illegal practice of switching a consumer’s traditional wireline telephone company for local, local toll, or long distance service without permission.”  Kimber Baldwin Designs, LLC claimed that it was slammed by Silv Communications, Inc. and sued it in the Southern District of Ohio, asserting claims under the Federal Telecommunications Act, Ohio’s Telecommunications Fraud statute, and for common law fraud and unjust enrichment. Continue reading “The Sturm Und Drang of 12(b)(6) Motions”

Human v. Mouse

What conceivable correlation exists between class actions and pests?

No, it’s not that.  At least not for Jeanne Steigerwald.

Hers was a story that started, she claimed, when she noticed “mice droppings in her pantry, kitchen, and garage.”  That propelled her to Walmart, where she dropped around $25 for a three-pack of “Ultrasonic Pest Repellers.” Continue reading “Human v. Mouse”