Tag Archives: consumer

No Need To Try the Individual Claim After Class Cert Denial – Ninth Circuit Asserts Jurisdiction over Voluntary Stipulated Dismissal and Upholds Denial of Class Certification

The Ninth Circuit recently affirmed the United States District Court for the Central District of California’s denial of class certification of a Plaintiff’s California consumer law claims based primarily based on the predominance of individualized issues. Case No. 11-55592 (9th Cir. Feb. 3, 2014). Notably, the Ninth Circuit also determined that it had jurisdiction to … Continue Reading

Those Blasted Exclusions! Court Rules that Notice of TCPA Exclusion in Renewal Policy was Valid

Last week, the Illinois Court of Appeals released an opinion ruling that Cincinnati Insurance Company has no obligation to contribute an additional $4 million to a settlement of a class action claim brought under the Telephone Consumer Protection Act (TCPA).  Windmill Nursing Pavilion Ltd. v. Cincinnati Insurance Co. et al., 2013 IL App (1st) 122431 … Continue Reading

Judge Slashes Attorneys’ Fees and Incentive Awards in Defective Laptop Class Action

In a consumer class action settlement involving allegedly sluggish Acer notebook computers, a Northern California federal judge sua sponte slashed the attorneys’ fees award sought by plaintiffs’ lawyers from the requested $2,542,246 to $943,217.  Wolph v. Acer Am. Corp., Case No. 3:09-cv-0-1314-JSW (N.D. Cal. Oct. 21, 2013). The named plaintiffs accused Acer of selling notebook … Continue Reading

South Korea Opens the Door for Unintentional Data Breach Collective Actions

This is a cross blog post with BakerHostetler’s data privacy blog.  For the latest in developments in data privacy, visit dataprivacymonitor.com. For a multi-jurisdictional summary of key requirements of international data privacy laws, see BakerHostetler’s  International Compendium of Data Privacy Laws. On February 15, 2013, the Seoul Western District Court in South Korea issued a … Continue Reading
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