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  • In re: Nat'l Football League Players' Concussion Injury Litig.

    Publication Date: 2019-03-04
    Practice Area: Class Actions | Personal Injury
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0233

    Loss of parental consortium claim barred by NFL concussion settlement where daughter was a derivative claimant of a player who, on the effective date of settlement, was not under contract and not seeking active employment as he was incarcerated awaiting trial on a murder charge. Defendant's motion to dismiss granted.

  • Payne v. Marriott Employees Fed. Credit Union

    Publication Date: 2019-01-29
    Practice Area: Banking and Finance Laws | Class Actions
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0090

    Credit union moved to dismiss member plaintiffs' claims that the disclosures relating to credit union's "mini-loans" violated the TILA and the court found that plaintiffs' reasonably alleged that the "application fee" was not in fact an "application fee" and should have been included in calculating the finance charge and APR and the security interest was not clearly disclosed but plaintiffs' failed to plead sufficient facts to show the detrimental reliance required for actual damages. Motion granted in part and denied in part.

  • In re: Nat'l Football League Players' Concussion Injury Litig.

    Publication Date: 2019-01-22
    Practice Area: Class Actions | Personal Injury
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0064

    Football player's wife's loss of consortium claim arising from husband's concussions was barred by NFL concussion settlement where settlement required each claimant and their family members to individually opt out and wife failed to exercise an individual opt-out. Defendant's motion to dismiss granted.

  • SEB Inv. Mgmt. AB v. Endo Int'l, PLC

    Publication Date: 2018-12-25
    Practice Area: Class Actions | Securities Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Savage
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1563

    Drug manufacturer moved to dismiss plaintiff's securities exchange act complaint and the court found plaintiff sufficiently alleged that certain corporate officers made material misrepresentations and omissions regarding the safety of manufacturer's reformulated drug and those misrepresentations exposed manufacturer and other defendants to liability. Motion denied in part and granted in part.

  • Weitzner v. Sanofi Pasteur, Inc.

    Publication Date: 2018-12-10
    Practice Area: Class Actions | Consumer Protection
    Industry: Pharmaceuticals | Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1482

    District court properly granted summary judgment finding appellants' Telephone Consumer Protection Act claims were untimely, where they were filed six years after the faxes in question were sent and three years after class certification was denied in a state court action, because American Pipe tolling did not allow individuals who were named plaintiffs in an initial class action to toll their own statute of limitations. Affirmed.

  • Law Journal Press | Digital Book

    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri, Bret Weatherford

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  • Jacobs v. Fed. Hous. Fin. Agency

    Publication Date: 2018-11-27
    Practice Area: Class Actions | Securities Litigation
    Industry: Federal Government | Investments and Investment Advisory | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1415

    District court properly dismissed plaintiffs' class action, asserting the third amendment of the agreement between Freddie Mac and Fannie Mae and the government under the housing and economic recovery act violated Delaware and Virginia law, because the third amendment fell within the agency's powers, did not violate either state's law and 12 U.S.C. §4617(f) barred all of the requested relief. Affirmed.

  • Gauzza v. Prospect Med. Holdings, Inc.

    Publication Date: 2018-11-13
    Practice Area: Class Actions | Labor Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1362

    Plaintiffs were entitled to conditional class certification after alleging defendants failed to provide means for employees to claim pay when their unpaid meal breaks were interrupted by work duties. Plaintiffs' motion for conditional class certification granted.

  • Charles v. Progressions Behavioral Health Services, Inc. et al

    Publication Date: 2018-10-23
    Practice Area: Class Actions | Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Padova
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1263

    Plaintiffs, who sought to recover wages under the Fair Labor Standards Act, met their burden of making a modest factual showing that they were similarly situated with other potential opt-in members of a collective action by demonstrating that all members were the victims of a single decision, policy or plan. The court granted plaintiffs' application for certification.

  • Lupian v. Joseph Cory Holdings LLC

    Publication Date: 2018-10-16
    Practice Area: Class Actions | Employment Litigation
    Industry: Cargo and Shipping | Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Chagares
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1242

    The district court correctly found that truck drivers' claims, under the Illinois Wage Payment and Collection Act, that motor carrier made deductions from their paychecks without contemporaneous consent, were not preempted by the federal aviation administration and authorization act because the IWPCA did not have a significant impact on carrier rates, routes or services, did not frustrate the FAAAA's deregulatory objectives and the impact of the IWPCA was too tenuous, remote and peripheral to fall within the scope of the FAAAA preempt

  • Kauffman v. U-Haul Int'l, Inc.

    Publication Date: 2018-09-11
    Practice Area: Class Actions | Dispute Resolution | Employment Litigation
    Industry: Cargo and Shipping | Recruitment and Staffing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1078

    Defendant, alleged employer, moved to compel arbitration in plaintiff's purported class action asserting misclassification as an independent contractor and violations of the FLSA and the court found the agreement contained unconscionable cost and fee provisions, severed those provisions, granted the order to compel arbitration and stayed the action pending arbitration. Motion granted.

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