Topic: Class Action

Latest IP Need to Know: Patent Eligibility, Nutella, Texas Trade Secrets Act, Trademark Scams, More

What’s new in intellectual property law? Plenty: patent eligibility of computer-related inventions, a uniform trade secrets act in Texas, new discovery rules for 337 investigations, trademark scams, and a whole lot more. Even Lady Gaga… First, our featured update: a sweet love story with an important message for those who might consider a trademark infringement… Read more »

Did the Supreme Court Just Give Employers A New Tool to Fight Wage & Hour Claims?

“… [the case] demonstrates how the court system is grappling with an increasing number of wage & hour claims that threaten to overwhelm the system…” (Pullman & Comley) Did the Supreme Court just give employers a new tool for fighting Fair Labor Standards Act class-action lawsuits? From Todd Steenson at law firm Holland & Knight:… Read more »

In Comcast v. Behrend, Supreme Court Ups the Ante for Class-Action Certification

Earlier this week, the Supreme Court issued a ruling that should change the nature of class-action lawsuits in the United States. In Comcast v. Behrend, more than two million current and former Comcast customers sought class certification to sue the cable company for overcharging its subscribers. The issue before the court? Joshua Roberts at law… Read more »

Supreme Court Strikes Blow to Class Action “Forum-Shopping”

“At issue in Standard Fire Insurance Co. v. Knowles was the transparent attempt by a named plaintiff to ouster federal court jurisdiction by ‘stipulating’ that the damages sought through a class action complaint would not exceed the $5,000,000 minimum jurisdictional limit of CAFA.” (Barger & Wolen) On March 20, 2013, the Supreme Court handed down… Read more »

California Employers Score Significant Victory in Favor of Class-Action Waivers

On June 4, 2012, a California appellate court ruled in Iskanian v. CLS Transport to uphold an employment contract containing a class-action waiver. Drawing on the recent US Supreme Court decision in Concepcion, the California Court of Appeals determined that Arshavir Iskanian must abide by the terms of the arbitration agreement he signed while working… Read more »

Second Circuit Strikes Down Class Action Waiver

Earlier this month, in In re American Express Merchants’ Litigation, the Second Circuit struck down — for the third time — an arbitration provision containing a class action waiver in an American Express credit card agreement. By ruling the class action waiver unenforceable, the decision sets up a potential conflict with the Supreme Court’s ruling… Read more »