Consumer Class Actions First Circuit Decisions
August 2, 2017 / January 12, 2023 by Don Frederico
On July 26th, the First Circuit issued rulings in putative consumer class actions brought by the same attorney against two national department store chains, challenging their allegedly deceptive use of comparative pricing on their in-store price tags. In the first case, brought against Nordstrom, the court engaged in a careful review of a series of […]
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Class Certifications Employment Class Actions US District Court - Mass
July 18, 2017 / January 12, 2023 by Don Frederico
In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically, the plaintiffs alleged that they were required to remain in the store during their breaks when they were the only managerial employees […]
Appeals Jurisdiction Supreme Court
July 3, 2017 / January 12, 2023 by Don Frederico
On June 12th, the Supreme Court issued its unsurprising decision in Microsoft Corp. v. Baker, addressing a relatively recent twist concerning the appealability of orders denying class certification. The case resulted in unanimous agreement among the eight Justices who participated in it (Justice Gorsuch did not participate), but a five-three split among them as to whether the case should […]
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Jurisdiction Supreme Court
June 26, 2017 / January 11, 2023 by Don Frederico
On June 19th, the Supreme Court issued a decision that could have important consequences for multi-state class actions. In Bristol-Myers Squibb Co. v. Superior Court, the Court addressed the question whether a California state court could exercise personal jurisdiction over the claims of nonresident plaintiffs who had joined a group of California plaintiffs in suing […]
Class Action Fairness Act US District Court - New Hampshire
December 4, 2016 / January 11, 2023 by Don Frederico
On November 30th, in Brown v. Saint-Gobain Performance Plastics Corp., United States District Judge Joseph Laplante of the District of New Hampshire denied plaintiffs’ motion to remand two related class action lawsuits based on allegations that defendants had caused a release of toxic chemicals from a manufacturing plant that contaminated nearby wells and water supplies. […]
Consumer Class Actions Massachusetts Decisions
August 1, 2016 / January 11, 2023 by Don Frederico
In 2014, we posted about the Massachusetts Supreme Judicial Court’s decision in Bellermann v. Fitchburg Gas & Electric Light Co. In that case, plaintiffs sought relief under the Massachusetts consumer protection statute, G.L. c. 93A, because of the defendant utility’s alleged failure properly to prepare and plan for a major winter storm, and its allegedly […]
Consumer Class Actions US District Court - Mass
July 6, 2016 / May 17, 2024 by Don Frederico
Chief Judge Saris and Judge Sorokin of the District of Massachusetts recently tackled questions left unanswered by the Supreme Court’s opinion earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) (see Don Frederico’s prior post for a full discussion of Campbell-Ewald). In South Orange Chiropractic Center, LLC v. Cayan LLC, 2016 […]
