Posts from November 2011.

MDL Case No. 1700 concerns more than 70 class action cases against FedEx Ground Package System, Inc. (FedEx) consolidated in the Northern District of Indiana, alleging that FedEx improperly classified its delivery drivers as independent contractors rather than employees.

The U.S. Supreme Court heard oral argument yesterday in First American Financial, et al. v. Edwards, U.S. Supreme Court Docket No. 10-708. 

The Seventh Circuit Court of Appeals recently held a defendant may moot a plaintiff's class action complaint by "offer[ing] him his full request for relief." 

Sixth Circuit Affirms Decision Striking Class Allegations in Challenge to Health Care Discount Program, Calling Class Treatment Inefficient, Unworkable, and Inconsistent with Rule 23

Determining whether a complaint properly identifies and defines a class is a critical step in determining whether class certification is appropriate.   If a class definition is overbroad, unambiguous, unidentifiable or failsafe, certification should generally be denied.  Federal case law is developed on this point.  Ohio cases, on the other hand ...

A proposed settlement has been filed in the case of In re National City Corporation Securities, Derivative & ERISA Litigation Class Action, MDL No. 2003, Northern District of Ohio Case No. 1:08-NC-70004.

A survey of litigation, from lease disputes to personal injury claims, arising from hydraulic fracturing in Ohio and across the country.
The No. 1 E-Discovery issue vexing businesses and other organizations today is how far to go in preserving evidence for litigation.

The U.S. Supreme Court recently heard oral argument on a case that could impact the enforceability of mandatory arbitration clauses and class action waivers in consumer contracts.

Enforcing the U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the Northern District of Ohio recently dismissed all class/collective claims in an FLSA class action—enforcing the arbitration provisions of the parties’ employment agreement.   This decision is an important victory for ...

A California District Court Judge has dismissed a class action lawsuit against Facebook challenging the use of its “Friend Finder” feature. 

A discussion of the legacy of Wal-Mart v. Dukes as the lower courts apply the decision and determine how, if at all, prior precedent can be harmonized.

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