Class Action Defense

     
       

Publications

  • Does the Employment-Related Practices Exclusion Preclude a Duty to Defend for Claims Under Illinois BIPA?

    ND Ill. Courts Split on Insurer’s Duty to Defend for Employees’ BIPA Claims

    March 22, 2022

    On March 8, 2022, a federal court in the Northern District of Illinois held an Employment-Related Practices Exclusion in a general liability policy does not preclude a defense obligation for a proposed class action brought by the insureds’ employees under the Illinois Biometric Information Privacy Act. The court further found that a jury needs to decide whether the insureds breached the “as soon as practicable” notice condition in the policy by waiting 20 months to provide notice to the insurer.

  • Do Certain Exclusions Preclude a Duty to Defend for Claims Under the Illinois Biometric Information Privacy Act?

    Do Certain Exclusions Preclude a Duty to Defend for Claims Under Illinois BIPA?

    March 10, 2022

    Conflicting federal district court decisions highlight that the outcome of duty to defend claims under the Illinois Biometric Information Privacy Act (BIPA) may hinge on venue and/or choice of law considerations. Insurers should evaluate these considerations closely and examine how various jurisdictions handle certain general liability exclusions in other contexts in an effort to predict how a particular court may rule on coverage for BIPA claims.

  • District Court Grants Summary Judgment in Youth Football CTE Case

    District Court Grants Summary Judgment in Youth Football CTE Case

    January 2, 2020

    The mothers of two former youth football players, each of whom died in their mid-twenties a decade after they last played youth football, sued for money damages and to enjoin advertising that “youth tackle football is safe for minor children.” In a decision of first impression, the U.S. District Court for the Central District of California granted Pop Warner Football’s motion for summary judgment against negligence and wrongful death claims.
  • District Court Denies Class Certification in Youth Football CTE Case

    Class Certification Denied in Youth Football CTE Case

    October 2, 2019

    The plaintiffs in Archie v. Pop Warner, USDC CD CA 2:16-cv-06603, sought class certification of “all persons who enrolled their minor children in Pop Warner tackle football from 1997 to present” for statutory unfair competition and false advertising claims under the California consumer protection statutes. The U.S. District Court for the Central District of California denied plaintiffs’ motion to certify the class.

  • Jury Rules for NCAA in First Sports Concussion Case Tried to Verdict

    First Sports Concussion Case Tried to Verdict

    August 21, 2019

    A Pennsylvania jury ruled in favor of the National Collegiate Athletic Association in the first sports concussion case tried to verdict, finding that the NCAA was not negligent in its dealings with the plaintiff, who played four years on the California University of Pennsylvania Vulcans football team. Five years after his college football career ended, the plaintiff was diagnosed with amyotrophic lateral sclerosis (ALS).

  • Expansive Changes Coming to the New York State Human Rights Law

    Expansive Changes NYS Human Rights Law

    June 24, 2019

    The New York Legislature has passed a bill significantly expanding the state’s Human Rights Law. While press around the bill has focused on issues of sexual harassment, the bill in fact expands all employee protections under the state law and prohibits mandatory arbitration of all discrimination claims, regardless of protected class. Employers should begin preparing for both the immediate and incremental effects of the anticipated new law.

  • No Damages Required to Sue Under Illinois Biometric Information Privacy Act

    Illinois Biometric Information Privacy Act

    February 20, 2019

    The Illinois Supreme Court gave the state’s Biometric Information Privacy Act more “punch” in a recent opinion holding that an individual does not need to prove harm to recover − a technical violation of the Act is sufficient to constitute standing.

  • Will the Ancient Document Exception to the Hearsay Rule become Ancient History?

    “Ancient Document” Exception to the Hearsay Rule

    June 27, 2016

    Will the Ancient Document Exception to the Hearsay Rule become Ancient History? The proposed abrogation of the Federal Rule of Evidence regarding the “ancient documents” exception to the hearsay rule, if enacted, would be effective December 1, 2017.  While enactment would have minimal or no effect on many areas of the law, it would profoundly affect other areas such as prosecution of sexual or child predators and war criminals. Additionally, it would have implications in the environmental and coverage arena where documents more than 20 years old are frequently used to establish liability and coverage.

  • First Circuit Limits Defense Strategy of “Picking off” Named Plaintiff in Putative Class Action by Offer of Judgment

    “Pick Off” of Named Plaintiff in Putative Class Action

    September 23, 2015

    On August 21, 2015, the U.S. Court of Appeals, First Circuit held that a rejected and withdrawn offer of settlement of the named plaintiff's individual claims in a putative class action made before the named plaintiff moved to certify a class did not divest the Court of subject-matter jurisdiction by rendering moot the named plaintiff's claims.

  • Employee Class Actions Four Years After Wal-Mart v. Dukes

    Defense Counsel Journal

    July 2015

  • No Consensus on Application of ‘Comcast v. Behrend’

    The Legal Intelligencer

    March 31, 2015

  • U.S. Supreme Court Addresses Whether Arbitration Agreements That Are Silent Concerning Class-wide Arbitration Can Be Arbitrated as a Class

    Supreme Court Clarifies Need for Class Arbitration Disclaimer

    June 14, 2013

    A recent Supreme Court decision makes clear that businesses should affirmatively disclaim class arbitration in their arbitration provisions. Absent this disclaimer, if an arbitrator demonstrates an interpretation of the arbitration provision, the parties might be bound by this ruling with no judicial recourse.

  • Are the Requirements for Class Notice Getting Stricter in the Second Circuit?

    Bloomberg BNA: Class Action Litigation Report

    June 14, 2013

  • The Changing Landscape for the Effectiveness of Class Action Waivers in Arbitration Agreements

    Bloomberg BNA Class Action Litigation Report®

    March 8, 2013

  • California Legislature Limits Depositions in Civil Cases to Seven Hours

    Depositions in Civil Cases

    September 20, 2012

    California’s governor has signed Assembly Bill 1875, which limits the length of depositions in civil cases. The new law will go into effect on January 1, 2013.