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DC District Court Holds that eBay Can’t Compel Arbitration Based on Later-Amended Terms
In July, a DC District Court ruled that eBay could not compel a user of its services to arbitrate a dispute, even though the user had agreed to by bound by eBay’s User Agreement. That Agreement stated that the company…
Third Circuit Tells “No Economic Injury” Plaintiff to Take a Powder
The debate between two Third Circuit judges and a dissenting colleague in In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Liability Litigation, a case decided last Thursday, is the best…
Slack Fill Plaintiffs May Win Battles But Lose the War
Lawyers who file “slack-fill” cases against food manufacturers found a friendly venue in Missouri. Missouri has a broad consumer fraud law and multiple courts have denied motions to dismiss slack-fill claims pleaded…
Second Circuit Bounces Multistate “Natural” Class. Now, Keep An Eye On the Ninth Circuit
Early this year, a Ninth Circuit panel upended a major nationwide class action settlement because it found that the District Court had not sufficiently considered material differences among the 50 states’ relevant…
State AGs Still Really Don’t Like Cy Pres Class Action Settlements
When class actions have a low settlement value relative to the size of the class, it is normal for defendants to pay out money to non-profit groups that advocate for issues relevant to the case rather than directly to…