Plaintiffs asserted claims under the Illinois BIPA based on the alleged use of facial-recognition technology, including technology relating to a feature called Tag Suggestions, which allows users to receive suggestions of persons to tag based on matching facial feature data in photographs.
In this case, the Ninth Circuit vacated a decision to remand an action to state court. The action had been removed under the Class Action Fairness Act, and the district court sua sponte ordered it remanded, finding a lack of evidence in support of the amount-in-controversy requirement.
In this case, Plaintiff asserted claims related to an alleged design defect in the hydraulic clutch system of certain Nissan vehicles. The district court denied class certification, finding that the proposed measure of damages lacked a sufficient nexus to the theory of liability and would give rise to individualized issues.
The Ninth Circuit, sitting en banc, overturned an earlier panel decision that ostensibly made certification of nationwide settlement classes more difficult and time-consuming by requiring district courts to scrutinize a settlement class to the same degree as litigation classes.
In this case, plaintiff alleged, on behalf of itself and a putative class, that a concrete supplier recorded customer calls without consent in violation of California law.
In this case, the beneficiary-plaintiff alleged that the trustee breached its fiduciary duties by investing trust assets in affiliated funds rather than in unaffiliated investments that would have yielded higher returns, and that the trustee charged excessive fees and failed to maintain adequate records in connection with preparing routine fiduciary tax returns.
Plaintiff, who purchased an inflatable swimming pool allegedly smaller than the one pictured on its packaging, brought a putative class action against the seller, alleging violations of California’s Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law.
The plaintiff’s lawyer initially worked under an hourly fee and then transferred to a contingency fee. The Beck case is similar to many consumer cases, because the defense used tactics which made it impossible for the plaintiff to pay the lawyer an hourly rate.
That means that the attorney will not get paid unless the client receives a settlement, award, or judgment in their favor. Many firms and attorneys defending lawsuits charge by the hour. They are then paid monthly by the corporate defendant or insurance company. This can often result in defense lawyers using tactics that are meant to drain ...
Securities fraud actions are often filed on the heels of an announcement of an internal or SEC investigation. A recent Ninth Circuit decision, Loos v. Immersion Corp ., may make it easier for company executives to sleep at night following such an announcement. The Ninth Circuit has joined a growing number of circuits holding that the announcement of an internal investigation, standing alone, is insufficient to show loss causation at the pleading stage. READ MORE →
The SEC’s complaint alleged that 1st Global Stock Transfer LLC (“Global”), a transfer agent, and Global’s owner, Helen Bagley (collectively “Defendants”), assisted in the sale of unregistered securities for CMKM Diamonds, Inc. (“CMKM”), a purported diamond and gold mining company. The SEC’s complaint further alleged that CMKM had no legitimate business operations but instead the Company concocted false press releases and distributed fake maps and videos of mineral operations to its investors. While CMKM was one of several defendants in the action, the SEC only moved for summary judgment against Global, Bagley, and CMKM’s attorney. The District Court granted the SEC’s motion for summary judgment against the three defendants, but only Global and Bagley appealed that ruling.
The Sixth Circuit recently made it easier for plaintiffs to bring securities suits brought under Section 11 of the Securities Act of 1933. In a recent ruling in Indiana State Dist. Council v. Omnicare, Inc., No. 12-5287 (6th Cir. May 23, 2013), the court of appeals revived a purported class action lawsuit against Omnicare. The suit, which had been dismissed by the District Court for the Eastern District of Kentucky, alleged that Omnicare artificially inflated its stock price by failing to disclose a kickback scheme in its registration statement.
The lawsuit against Amgen alleges that the biotech company made misrepresentations about the safety of two anti-anemia drugs for US FDA-approved uses. In certifying the class, the Ninth Circuit held that plaintiff only needed to plausibly allege that Amgen’s misrepresentations were material based on a fraud-on-the-market theory for the class to be certified. Amgen’s appeal claims the district court must both require proof of materiality and allow Amgen to present evidence rebutting the fraud-on-the-market theory before certifying the class.