Justice Gorsuch presses Sauer on his argument that people can bring #ClassActions instead of seeking #NationwideInjunctions by noting that it takes time to assemble a class & pursue such an approach. Sauer says there can be emergency grants of class status but adds “it is a feature not a bug” that courts only grant relief to the people who are in front of them, not to other people who did not bother to sue.
Plaintiff tries to bring a class claim for mismanagement of ERISA funds. Defendant corporation moves for individual arbitration. Sixth Circuit says that whole point of ERISA is group claims, so arbitration provision with class action waiver is invalid.
#law #contracts #arbitration #litigation #ERISA #ClassActions
A class-action complaint against Albertson’s over non-drowsy cough medicine that made plaintiffs sleepy provides a good teaching case on timely notice of a warranty claim.
I started my contracts course this year with COVID cases brought against universities. The cases are rich with issues. Tufts and Yale both won such cases recently. All sorts of issues . . . .
#law #contracts #universities #COVID #litigation #ClassActions
Declaring Twitter’s terms of service unconscionable in part, Federal Magistrate Judge in California allows some class action claims relating to data breaches to proceed.
#law #contracts #TermsofService #Twitter #litigation #ClassActions
New Jersey Supreme Court upholds a class action waiver in a lease without an arbitration clause. Nothing in New Jersey law or policy stands in the way of freedom of contract in such matters, & the lease was not unconscionable.
Plaintiffs sought to bring a class action against Chipotle for not providing change during a national coin shortage. The class was not certified; plaintiffs persisted. They lost, but I'm wondering why they persisted with a claim for <$1/plaintiff.
#law #contracts #ClassActions #litigation #CivilProcedure #Chipotle
Over a year ago, a District Court rejected a settlement agreement in a class action alleging antitrust violations by Papa John's and its franchises. Since then, for the most part, crickets . . . .
#ClassAction as a measure to deliver recourse against #Corporations is inherently #flawed, #unjust and cements the fact that "If the #penalty is a #fine, it's only #illegal for the #poor"!
In case you don't believe me that #ClassActions only exist to enrich #LawFirms and allow any #corporation to send out insultingly-low #cheques:
#Valve literally changed their [luckily illegal in places with #ConsumerProtection like the #EU] #SteamSubscriberAgreement to basically force people [in the #USA and the rest of the world] to kiss their #Steam account goodbye if they choose to join a Class Action.
#Sony's #OtherOsSettlement didn't force them to #reinstate the #OtherOs functionality on the #PS3 and only gave US comsumers tiny cheques! A core functionality that was as much of a seller of the product as #BackwardsCompatibility and #BluRay playback...
No Class Action against #Apple forced them to #undo shit they purposefully designed into products - espechally their #AntiRepairDesign with #DRM that basically requires a RAT to authenticate parts which they do to this very day and which they literally patented...
(Don't even get me started on the shitshow that is #iCloudLock which I hope the @EUCommission will #ban as it's *infringing on #ConsumerRights re: #property and causes thousands of tons of 100% avoidable #eWaste...)
In granting Hyundai's motion to compel arbitration, the District Court said nothing of the substance of the claims and yet somehow purported to discuss substantive unconscionability
Time can be viewed as linear, or it can be viewed as repetition with change. Have we talked about fridgewrap before? Yes. Have we covered a nationwide class action challenging fridgewrap? We have now.
#law #contracts #arbitration #litigation #ClassActions #LG
https://lawprofessors.typepad.com/contractsprof_blog/2024/02/fridgewrap-rides-again.html
Has software industry missed the train on EU’s new liability rules? https://www.euractiv.com/section/digital/news/has-software-industry-missed-the-train-on-eus-new-liability-rules/?utm_source=dlvr.it&utm_medium=mastodon #AILiabilityDirective #artificialintelligence #classactions
Has software industry missed the train on EU’s new liability rules? https://www.euractiv.com/section/digital/news/has-software-industry-missed-the-train-on-eus-new-liability-rules/?utm_source=dlvr.it&utm_medium=mastodon #AILiabilityDirective #artificialintelligence #classactions
This will be an interesting case to follow for anyone interested in the law or AI, or the intersection of the two.
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RT @jayedelson
Our class action against @donotpay is on file. Can't wait for Josh to rely on his "robot lawyer" to handle this case.
#classactions https://twitter.com/a16z/status/1631020106028294150
https://twitter.com/jayedelson/status/1632816849728438272
