Seventh Circuit Sheds Light on Spokeo; Affirms Dismissal of Class Action for Lack of Standing

Author: Jeremy Gilman (former Partner at Benesch Law)

When Derek Gubala subscribed to Time Warner Cable in 2004, he gave it his birth date, home address, home and work phone numbers, social security number, and credit card information.  Continue reading “Seventh Circuit Sheds Light on Spokeo; Affirms Dismissal of Class Action for Lack of Standing”

Ninth Circuit Holds That Securities Class Action Based on Violations of Ethics Code Properly Dismissed

On January 19, 2017, the Ninth Circuit affirmed the dismissal of a shareholder class action lawsuit alleging securities fraud violations, arising out of Hewlett-Packard’s former CEO’s alleged misrepresentations about HP’s ethical compliance.  In a case of first impression, the Ninth Circuit held that there was no actionable securities fraud claim where a CEO violates the corporation’s corporate code of ethics, even after publicly touting the corporation’s high standards for ethics and compliance. Continue reading “Ninth Circuit Holds That Securities Class Action Based on Violations of Ethics Code Properly Dismissed”

Dating Apps and Class Actions: A Match Made in the Courtroom

Author: Jeremy Gilman (former Partner at Benesch Law)

Tinder touts itself as being “the world’s leading social app for meeting new people.  It claims that “with its global reach, people in all 196 countries around the world are swiping right to connect with others, making it a top 10 lifestyle app in more than 70 countries … Each day, 26 million matches are made on Tinder with more than nine billion matches made to date.”  An interesting statistic, considering that the world’s entire population is a shade under 7.5 billion.  Continue reading “Dating Apps and Class Actions: A Match Made in the Courtroom”

Supreme Court to Address Class Action Waivers Amid Circuit Split

On January 13, 2017, the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees.  The case, NLRB v. Murphy Oil USA, Inc., U.S., No. 16-307, comes after the Fifth Circuit’s rejection of the NLRB’s position that class action waivers in arbitration agreements are unlawful. Continue reading “Supreme Court to Address Class Action Waivers Amid Circuit Split”

How’d You Come Up With That? Third Circuit Vacates Class Counsel’s Fee Award

Author: Jeremy Gilman (former Partner at Benesch Law)

There are several different stakeholders in class actions.  There are the named parties, of course, and the members of the putative class, to the extent plaintiff seeks to sweep them into the lawsuit.  And then there’s the class itself, if certified, as well as opt-outs and objectors, if any.  And let’s not forget class counsel.  They get paid only if the court approves. Continue reading “How’d You Come Up With That? Third Circuit Vacates Class Counsel’s Fee Award”