Worldwide: Class Actions

The Eighth Circuit's affirmation of a $1 billion settlement in Burnett v. National Association of Realtors marks a watershed moment in antitrust litigation, fundamentally restructuring how buyer-broker commissions operate in residential real estate. The decision upheld the elimination of NAR's longstanding Cooperative Compensation Rule while addressing critical procedural questions about nationwide class action settlements, release scope, and attorneys' fees. What does this landmark ruling mean for companie

A federal court has issued an extraordinary preservation order requiring attorney Heidarpour and serial TCPA plaintiff Chet Wilson to retain all devices and communications related to TCPA litigation.

The U.S. Court of Appeals for the Seventh Circuit has issued a landmark ruling in G.T. v. Samsung Electronics America, Inc., addressing when technology companies actually "possess," "collect," or "obtain" biometric data under Illinois' Biometric Information Privacy Act (BIPA).

A federal district court in Colorado denied a motion to dismiss a securities fraud class action against healthcare company executives, finding that risk disclosures about accounts receivable collection issues were materially misleading because the alleged risks had already materialized at the time of disclosure. The court credited allegations from confidential witnesses and internal meeting records showing that payment disputes and cash flow problems were ongoing realities rather than prospective risks, sup

A federal judge in New Jersey ruled that an attorney cannot simultaneously serve as both class representative and class counsel in a securities fraud case, striking all class allegations and requiring the plaintiff to choose between representing himself or hiring separate counsel. The decision highlights a critical conflict of interest issue that arose when Matthew Kalman attempted to prosecute claims on behalf of a class while also seeking to recover attorneys' fees, potentially creating competing interest

After approximately one day of deliberations, a federal jury in Oregon found Nike liable for more than $15 million in damages for violating federal and state anti-discrimination laws, finding Nike paid former employee, Heather Hender, less than similarly situated male colleagues and promoted her more slowly because of her gender.

The Ninth Circuit Court of Appeals has once again invoked the effective vindication doctrine to strike down an arbitration clause in an ERISA 401(k) plan, ruling that provisions preventing participants from pursuing representative actions and plan-wide relief violate substantive rights under federal law. This decision adds to a growing body of federal appellate precedent challenging the enforceability of arbitration clauses in employee benefit plans, raising critical questions about how plan sponsors should

The National Association of Wholesaler-Distributors has filed its third constitutional challenge to state packaging extended producer responsibility programs, this time targeting Colorado's recycling law. With similar lawsuits pending in Oregon and California, the outcome of these cases could reshape how states regulate producer responsibility for packaging waste and determine whether current EPR frameworks can withstand constitutional scrutiny.

The Ninth Circuit recently heard oral arguments on a case examining the enforceability of arbitration provisions in consumer contracts. This Consumer Counterpoint Quick Take breaks down the key legal arguments and their potential implications for consumer class action defense strategies.