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National Law Journal

Settlement Pending in L.A. Clippers Robotext Class Action

The legally embattled Los Angeles Clippers will head to a very different court on June 30 to seek final approval of a $5.3 million settlement of a class action accusing the team of illegally sending unsolicited text messages to the fans' cellphones.
2 minute read

Daily Business Review

So Why Are Securities Class Action Cases So Lucrative?

Securities class action cases are lucrative due in part to the judicially created "fraud-on-the-market" theory, writes David M. Gersten of Bilzin Sumberg Baena Price & Axelrod.
4 minute read

New Jersey Law Journal

Third Circuit Case Could Limit Consumer Class Actions

An element required for class certification is receiving new attention in Third Circuit case law: the notion of "ascertainability."
8 minute read

The Legal Intelligencer

Who Has Burden to Prove Jurisdictional Amount in CAFA Cases?

In a recent case, the U.S. Court of Appeals for the Third Circuit addressed the Class Action Fairness Act (CAFA)'s amount in controversy requirement. In Hoffman v. Nutraceutical, No. 13-3482, slip op. (3d Cir. March 27, 2014), the Third Circuit affirmed the district court's denial of the plaintiff's motion to remand the case back to state court. The court held that the CAFA jurisdictional requisites, including the amount in controversy requirement, were satisfied and supported federal jurisdiction. Embedded in the decision is an interesting operational assumption: Instead of the burden being on the defendant to prove that the CAFA amount in controversy requirement had been met--as is true in most CAFA cases--the burden was placed on the plaintiff to show that the jurisdictional amount had not been met.
8 minute read

Corporate Counsel

Corporate Defendants See Benefits in Halliburton Ruling

Were attorneys who defend corporate clients happy about the U.S. Supreme Court's decision? Yes. Were they surprised? Probably not.
5 minute read

National Law Journal

PlayStation Breach Litigation Ending in Relative Whimper

Sony has agreed to pay $15 million to settle a proposed class action that followed a PlayStation securi-ty breach in 2011 that exposed the personal information of an estimated 30 million users.
3 minute read

National Law Journal

Hyundai-Kia Fuel Efficiency Settlement Debated

Plaintiffs denounced objections to a settlement with Hyundai Motor America and Kia Motors America Inc. over the advertised fuel efficiency of their vehicles as lacking merit during a final round of briefing ahead of a hearing slated for this week.
2 minute read

National Law Journal

Alabama Supreme Court Revives Asbestos' Fee Class Action

The Alabama Supreme Court has revived a proposed class action for asbestos plaintiffs suing over a fee charged by their law firm.
2 minute read

National Law Journal

First Circuit Rejects Jurisdiction Over Junk-Fax Class Action

The federal courts lack jurisdiction over a junk-fax class action because the plaintiffs' claims do not meet federal diversity requirements for disputes involving more than $75,000, the U.S. Court of Appeals for the First Circuit has ruled.
2 minute read

Litigation Daily

Securities Lawyers Dodge a Bullet with Halliburton Ruling

In Halliburton Co. v. Erica P. John Fund, the Supreme Court had a chance to shut down securities litigation as we know it. Instead, Monday's decision has plaintiffs lawyers thanking their stars—and may even promise more billable hours for defense lawyers.
3 minute read

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