Category Archives: Class Action Suits

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Massachusetts Businesses Face Consumer Class Actions Alleging Improper Product Substitution

The Massachusetts Consumer Protection Act (Chapter 93A) protects consumers against unfair or deceptive business practices and allows consumers, under certain circumstances, to bring class actions against businesses to stop such practices and seek damages. Generally, unless a business responds to a presuit demand letter with a reasonable settlement tender, violation of Chapter 93A requires payment of … Continue Reading

Seventh Circuit Revives Another Data Breach Suit — Lewert v. P.F. Chang’s China Bistro, Inc.

Plaintiffs in consumer data breach class actions have struggled to establish Article III standing. Article III standing requires an alleged ‘‘concrete and particularized injury that is fairly traceable to the challenged conduct, and is likely to be redressed by a favorable judicial decision.’’ In Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138 (2013) the … Continue Reading

The Dutch Act on Collective Settlement of Mass Claims (WCAM) Goes Global Again: A Forum Outside the United States to Resolve Mass Claims Disputes Internationally

On March 14, 2016, Ageas (formerly, Fortis Bank) and several foundations representing the Fortis shareholders announced a EUR 1.204 billion settlement of shareholder claims and they are now seeking to declare the settlement legally binding on all shareholders under the 2005 Dutch Act on Collective Settlement of Mass Claims (the WCAM).[1] Recently, the settlement was brought … Continue Reading

Campbell-Ewald v. Gomez: Unaccepted Offers of Judgment Do Not ‘Moot’ a Claim, But Ruling Leaves Door Open For Offers Accompanied by Tender

Last week, the Supreme Court issued its much anticipated decision in Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016). In a 6-3 opinion, Justice Ginsburg, writing for the majority, held that an unaccepted Rule 68 offer of judgment does not “moot” a claim because “[u]nder basic principles of contract law,” an offer without acceptance is a … Continue Reading

Ohio Supreme Court Rules Class Cannot be Certified Without Actual Damages Under Ohio’s Consumer Sales Practice Act

In a ruling yesterday in Felix v. Ganley Chevrolet, Inc., No. 2013-1746, 2015 WL 5039233 (Aug. 27, 2015), the Ohio Supreme Court held that a class action cannot be certified where the plaintiff cannot demonstrate, through common evidence, that all putative class members incurred damages resulting from the defendant’s alleged conduct. For claims under Ohio’s … Continue Reading
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