Class Action Litigation Class Actions First Circuit Decisions Litigation Massachusetts Decisions US District Court - Mass
April 28, 2023 / May 1, 2023 by Sarah Remes
Part 1: Introduction and Overview Earlier this month, Boston University prevailed in one of the few surviving Boston-based COVID-19 tuition refund class action suits. The U.S. District Court in Boston granted BU’s Motion for Summary Judgment finding that BU “did not make an open-ended promise to provide an ‘on-campus experience’ in exchange for a ‘semester […]
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Appeals Class Action Settlements Class Actions Class Certifications Class Representative Employment Class Actions First Circuit Decisions Lead Plaintiff Litigation US District Court - Maine
April 27, 2023 by Melanie Conroy
In early 2023, the District of Maine was the first district court to apply and interpret a recent and notable First Circuit ruling that should be top-of-mind for class action attorneys and litigants seeking approval of settlements for cases brought on behalf of multiple plaintiff classes and including class representative incentive awards. That notable First […]
Class Actions Consumer Class Actions First Circuit Decisions Litigation Privacy Class Actions Standing US District Court - Mass
November 16, 2022 by Melanie Conroy
On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been exposed in a data breach affecting more than 75,000 customers. In its analysis, the court determined that the named plaintiffs and putative […]
Class Actions Class Arbitration Employment Class Actions Massachusetts Decisions
August 9, 2022 by Melanie Conroy
On July 27, 2022, in Archer v. Grubhub, the Massachusetts Supreme Judicial Court considered whether Grubhub delivery drivers within the Commonwealth are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA). FAA Section 1 exempts “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The SJC […]
Class Actions Jurisdiction Massachusetts Decisions
May 6, 2022 / January 3, 2023 by Don Frederico
Over the past 25 years, I have had the good fortune of getting to know and working with both plaintiff and defendant class action lawyers from many states, and to teach class action practice in dozens of local and national CLE programs and at a great law school. I also have represented clients in class […]
Class Actions Class Notice Massachusetts Decisions
April 19, 2022 / January 12, 2023 by Don Frederico
The Backdrop Class actions are like butterflies; they must undergo a metamorphosis before they fly. The transformation occurs when a court grants class certification. At that instant, what had started out as an individual lawsuit emerges as its own entity, with a number of legal consequences flowing from the change. Among them, plaintiff’s counsel becomes […]
Class Actions Maine Decisions
July 16, 2020 / July 17, 2020 by Josh Dunlap
I’m pleased to say that I recently published an article, Class Actions: A Survey and Comparison of Federal Law and Maine State Law, that considers Maine class action law in light of federal law, particularly case law in the First Circuit. While class actions are prevalent at the national level, the story thus far has […]
Class Actions First Circuit Decisions Privacy Class Actions
April 3, 2020 by Melanie Conroy
On March 25, 2020, the First Circuit Court of Appeals in Squeri v. Mount Ida College upheld the lower court’s dismissal of prospective and former Mount Ida College students’ claims against the college and its Board of Trustees arising from the college’s abrupt closure and sale of its campus to UMass Amherst in May 2018. […]
Appeals Class Actions Litigation
March 17, 2020 / May 17, 2024 by Katherine Kayatta
We have previously written about the Supreme Court’s personal jurisdiction decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) and how the federal district courts were applying it. Now, two Courts of Appeals have finally weighed in, issuing the very first appellate decisions addressing whether Bristol-Myers applies to class actions in […]
Arbitration Consumer Class Actions US District Court - Mass
December 11, 2019 / January 3, 2020 by Melanie Conroy
It is a legal maxim that arbitration is a creature of contract. A recent District of Massachusetts decision explores critical questions about when that creature can exist outside of the confines of a binding agreement to arbitrate among the parties. The November 27, 2019 decision by Senior U.S. District Judge George A. O’Toole ordered that […]
