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 […]
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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 […]
Consumer Class Actions Supreme Court
May 17, 2016 / January 11, 2023 by mindgrub
Class action practitioners have been closely watching Spokeo, Inc. v. Robins, a case before the Supreme Court on appeal from the Ninth Circuit. Spokeo presented the Court with the opportunity to decide whether a plaintiff may maintain a class action absent any injury other than the violation of a statutory right.
Consumer Class Actions
May 5, 2016 / January 11, 2023 by mindgrub
The CFPB today released a proposed rule that would ban consumer financial services providers such as banks, credit card issuers, and small-dollar lenders from using mandatory arbitration clauses to prohibit consumers from filing or joining class actions against them. Please click here for further analysis and potential impacts of the proposed rule.
Class Certifications Consumer Class Actions
October 2, 2015 / February 26, 2019 by mindgrub
Last week, the District of Massachusetts denied class certification in a building products case in which Pierce Atwood represented the seller of a composite decking product. You can find a brief summary of the decision here.
April 27, 2015 / January 11, 2023 by mindgrub
Recently, I had the privilege of moderating a panel in Boston discussing hot topics in class actions. We had a terrific group of panelists, including three (besides myself) who represent defendants in class actions and one who represents plaintiffs. This imbalance was attributable to the nature of the organization sponsoring the program as a business-oriented legal foundation.
Class Certifications Consumer Class Actions First Circuit Decisions
January 26, 2015 / February 26, 2019 by mindgrub
The First Circuit’s split decision last week affirming class certification in the Nexium antitrust case is sure to receive much attention in product defect class actions. Over the last several years, a chief battleground in such actions has been the import of the fact that many of the people that bought the particular product – indeed, often an overwhelming majority of those people – had no problem at all with it after many years of use...
January 24, 2015 / January 11, 2023 by mindgrub
In a November 30, 2013 post, we wrote about the District of Massachusetts' class certification decision in the antitrust case, In re Nexium. There, the district court certified a class of c...
November 16, 2014 / January 12, 2023 by mindgrub
In early 2001, I was asked to argue in opposition to a class certification motion in federal court on behalf of the prominent owner of an automobile distributorship. The case was brought on...
October 31, 2014 / January 12, 2023 by mindgrub
In December 2008, a major ice storm caused massive and lengthy power outages in several towns in Massachusetts. Twelve residential and business customers of Fitchburg Gas and Electric Light...
