Class Counsel Blog

Showing 4 posts in Claims / Dispute Resolution.

Monthly Vodka Purchases Do Not Give Rise to Various Class and Individual Claims

The United States District Court for the Southern District of Ohio recently ruled
against a monthly purchaser of vodka who brought suit on behalf of herself and
class members on several claims, including class claims under the Ohio Consumer
Sales Practices Act and the Ohio Deceptive Trade Practices Act.   Read More ›

Kentucky Civil Rule 23.05(6) Imposes a Tax on Certain Types of Class Action Settlements

Kentucky Civil Rule 23, which governs class actions procedures in Kentucky state court actions, contains an important provision that will change the way defendants approach class action settlements. The provision, CR 23.05(6), became effective in 2014. It provides that when the parties create a class action settlement fund, at least 25% of any remaining funds that are not distributed or used to cover fees and costs must go to a Kentucky legal aid IOLTA account. The rule, a potential boon to public legal aid and plaintiffs lawyers, forces defendants to structure class action settlement more carefully or else they risk paying a sizeable settlement tax. Read More ›

The Ninth Circuit and the California Supreme Court May Have Finally Put the Nail in the Coffin of the NLRB’s D.R. Horton Decision

On June 23, 2014, the Ninth Circuit Court of Appeals and the California Supreme Court issued three decisions upholding the enforceability of class action waiver provisions in arbitration agreements.  These decisions deal yet another blow to the National Labor Relations Board’s (“NLRB”) decision in D.R. Horton, Inc. 357 N.L.R.B. No. 184 (2012).  Considering the Ninth Circuit’s and California’s history of issuing relatively pro-employee decisions, these decisions could put the final nail in the coffin of the NLRB’s D.R. Horton line ofdecisions - at least with respect to litigation in federal courts.  Read More ›

Sixth Circuit Dismisses Misclassification Class Action in Favor of Arbitration

The Sixth Circuit Court of Appeals recently issued a published decision in favor of arbitration that has potentially broad impact on employment and arbitration agreements.  For the first time, the court held that the strong federal policy in favor of arbitration requires an arbitration agreement to be enforced after the agreement expires, even if the arbitration clause is not listed in the agreement’s survival clause.  Huffman, et al. v. The Hilltop Companies, Case No. 13-3938 (6th Cir. Mar. 27, 2014). Read More ›

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Attorney Spotlight

Stephen E. Embry is a member of the Firm's class action, privacy and mass tort groups. He frequently defends participants in consumer class actions and mass tort litigation. Stephen is a national litigator and advisor who is experienced in developing solutions to complex litigation and corporate problems.

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