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Plaintiffs were class representatives of current and former employees of defendant Pacific Bell Telephone Company who installed and repaired video and internet services in customers’ homes. They appealed a judgment in favor of defendant following cross-motions for summary judgment or summary judgment. Plaintiffs sought compensation for the time they spent traveling in an employer-provided vehicle--loaded with equipment and tools--between their homes and a customer’s residence (the worksite) under an optional and voluntary Home Dispatch Program. The trial court, like federal courts that have considered the question under California law, concluded the travel time was not compensable. The Court of Appeal agree and affirmed, finding: (1) the Home Dispatch Program was not compulsory; and (2) simply transporting tools and equipment during commute time was not compensable work where no effort or extra time is required to effectuate the transport. View "Hernandez v. Pacific Bell Telephone Co." on Justia Law

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Favero’s car struck Alpizar-Fallas's car, causing Alpizar-Fallas serious injuries. Both drivers were insured by Progressive. The next day, Barbosa, a Progressive claims adjuster, went to Alpizar-Fallas's home to inspect her car and have her sign “paperwork” that would “expedite the processing of the property damage claim.” Alpizar-Fallas alleges that he stated that her signature was “necessary” for Progressive to advance her payment. Alpizar-Fallas signed the document. The document was actually a broadly written comprehensive general release of all claims. Barbosa failed to advise Alpizar-Fallas to seek legal counsel and did not communicate with her in Spanish, her native language. Alpizar-Fallas sought damages for the personal injuries she sustained in the accident and amended her complaint to include a class action claim against Progressive and Barbosa under the New Jersey Unfair Claims Settlement Practices Regulations (UCSPR) and the Consumer Fraud Act (CFA). The district court dismissed Alpizar-Fallas’s class action claim to the extent it alleged a violation of the UCSPR because those regulations do not provide a private right of action, then dismissed Alpizar-Fallas’s CFA claim, as a claim for denial of insurance benefits, and construing the CFA to only apply to the “sale or marketing” of insurance policies. The Third Circuit vacated, finding that Alpizar-Fallas’s complaint alleged deception that would be covered by the CFA. View "Alpizar-Fallas v. Favero" on Justia Law

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Plaintiff-Appellant Rhonda Nesbitt was a former massage therapy student who attended a for-profit vocational school operated by Defendants-Appellees (“Steiner”).On behalf of a class of former students, Nesbitt brought suit claiming the students qualified as employees of Steiner under the Fair Labor Standards Act, and alleging Steiner violated the FLSA by failing to pay minimum wage. The district court granted summary judgment in favor of Steiner, holding that the students were not employees of the schools under the FLSA. Finding no reversible error in the district court’s judgment, the Tenth Circuit affirmed. View "Nesbitt v. FCNH" on Justia Law

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When Beaton’s laptop malfunctioned, he discovered SpeedyPC, which offered a diagnosis and a cure. Beaton took advantage of Speedy’s free trial, which warned that his device was in bad shape and encouraged him to purchase its software, The software failed to improve his laptop’s performance. Beaton filed a consumer class action, raising contract and tort theories. The district court certified a nationwide class and an Illinois subclass of software purchasers. The Seventh Circuit affirmed, rejecting Speedy’s argument that the class definitions and legal theories covered by the certification orders impermissibly differ from those outlined in the complaint by the narrowing of the class from everyone in the U.S. who had purchased SpeedyPC Pro, to individual persons (not entities) who downloaded the free trial and purchased the licensed software over a three‐year period. Speedy did not suffer “unfair surprise,” given that the “legal basis for liability is based on the same allegations” about the sale of worthless software. By not raising the argument before the district court, Speedy forfeited its assertion that Beaton is judicially estopped from seeking relief under the law of British Columbia, having initially argued for Illinois law. Class certification satisfied Rule 23(a); common questions of fact and law predominate and the amount of damages to which each plaintiff would be entitled is so small that no one would otherwise bring suit. Consumer class actions are a crucial deterrent against the proliferation of bogus products. View "Beaton v. SpeedyPC Software" on Justia Law

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Au pairs and former au pairs filed a class action lawsuit against AuPairCare, Inc. (“APC”) and other au pair sponsoring companies alleging violations of antitrust laws, the Racketeer Influenced and Corrupt Organizations Act (“RICO”), the Fair Labor Standards Act (“FLSA”), federal and state minimum wage laws, and other state laws. Eventually, the au pairs amended their complaint and added two former au pairs, Juliane Harning and Laura Mejia Jimenez, who were sponsored by APC. In response, APC filed a motion to compel arbitration, which the district court denied. The district court found the arbitration provision between the parties both procedurally and substantively unconscionable and declined to enforce it. Because the arbitration provision contained only one substantively unconscionable clause, the Tenth Circuit concluded the district court abused its discretion by refusing to sever the offending clause and otherwise enforce the agreement to arbitrate. The Court therefore reversed the district court’s ruling and remanded for further proceedings. View "Beltran v. Interexchange, Inc." on Justia Law

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Plaintiff Jeff Gist worked as a driver for defendant Driver Resources, LLC. The other two defendants were related companies. In November 2013, plaintiff filed a class-action complaint against defendants, on behalf of himself and other similarly situated drivers. At issue was defendants’ compliance with Oregon’s wage and hour laws. In January 2014, defendants filed a petition to compel arbitration, on the basis of an agreement that plaintiff had signed with one defendant. Plaintiff responded to the petition by arguing that the agreement was unconscionable, and therefore that arbitration should not be compelled. The trial court granted defendants’ petition, requiring plaintiff to proceed to arbitration. Plaintiff made several attempts to obtain appellate review of the trial court’s order compelling arbitration. This case required the Oregon Supreme Court to determine whether the Court of Appeals correctly dismissed plaintiff’s appeal of a judgment dismissing his complaint with prejudice on the grounds that the appeal was barred by the Supreme Court’s decision in Steenson v. Robinson, 385 P2d 738 (1963). That decision set out the common-law rule that a party may not appeal from a voluntarily-requested judgment. The Court concluded the judgment was appealable and remanded the case to the Court of Appeals. View "Gist v. Zoan Management, Inc." on Justia Law

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The First Circuit reversed the district court’s certification of a class of all purchasers of Asacol, including purchasers who had not suffered any injury attributable to Defendants’ allegedly anticompetitive behavior, holding that the district court’s approach to certifying a class was at odds with both Supreme Court precedent and the law of this circuit. Drug manufacturer Warner Chilcott Limited’s coordinated withdrawal and entry of two drugs, Asacol and the similar drug called Delzicol, precluded generic manufacturers from introducing a generic version of Asacol, which would have provided a lower-cost alternative to Warner’s drugs, Delzicol and Asacol HD. Plaintiffs filed a class action alleging violations of the consumer protection and antitrust laws of twenty-five states and the District of Columbia. The district court certified a class of all Asacol purchasers who subsequently purchased Delzicol or Asacol HD in one of those twenty-six jurisdictions, finding that while ten percent of the class had not suffered any injury, those uninjured class members could be removed in a proceeding conducted by a claims administrator. The First Circuit reversed, holding that where injury-in-fact is a required element of an antitrust action, a class cannot be certified based on an expectation that the defendant will have no opportunity to press at trial genuine challenges to allegations of injury-in-fact. View "Teamsters Union 25 Health Services & Insurance Plan v. Warner Chilcott Limited" on Justia Law

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This appeal arose from 532 product-liability claims filed against Hoffmann-La Roche Inc. and Roche Laboratories Inc. (collectively Roche), corporations with their principal places of business in New Jersey. Roche developed, manufactured, marketed, and labeled Accutane, a prescription medication for the treatment of severe and persistent cases of acne. Plaintiffs alleged Accutane caused them to contract inflammatory bowel disease (IBD) and that Roche failed to give adequate label warnings to advise them of the known risks of the medication. At issue for the New Jersey Supreme Court was : (1) what law governed whether Roche’s label warnings were adequate (the law of each of the 45 jurisdictions in which plaintiffs were prescribed and took Accutane or the law of New Jersey where the 532 cases are consolidated); and (2) the adequacy of the label warnings for the period after April 2002. The Court found that because Roche’s warnings received the approval of the FDA, they enjoyed a “rebuttable presumption” of adequacy under New Jersey’s Products Liability Act (PLA). The Court reversed all cases in which the Appellate Division reinstated plaintiffs’ actions against Roche. "New Jersey has the most significant interests, given the consolidation of the 532 cases for MCL purposes. New Jersey’s interest in consistent, fair, and reliable outcomes cannot be achieved by applying a diverse quilt of laws to so many cases that share common issues of fact. Plaintiffs have not overcome the PLA’s presumption of adequacy for medication warnings approved by the FDA. As a matter of law, the warnings provided physicians with adequate information to warn their patients of the risks of IBD." As a result, the 532 failure-to-warn cases brought by plaintiffs against Roche were dismissed. View "Accutane Litigation" on Justia Law

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The appeal presented to the Court of Appeal here was one in a certified wage and hour class action following a judgment after a bench trial in favor of defendants Certified Tire and Services Centers, Inc. (Certified Tire) and Barrett Business Services. Inc. (collectively, defendants). Plaintiffs contended Certified Tire violated the applicable minimum wage and rest period requirements by implementing a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage for all hours worked during each pay period but also gave them the possibility of earning a higher hourly wage for all hours worked during each pay period based on certain productivity measures. The Court of Appeal concluded plaintiffs' arguments lacked merit, and accordingly affirmed the judgment. View "Certified Tire and Service Centers Wage and Hour Cases" on Justia Law

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Objecting class members challenged the district court's approval of a class action settlement over claims alleging that defendants enrolled consumers in a membership rewards program without their consent and then mishandled their billing information. The Ninth Circuit vacated the fee award and held that the district court failed to treat credits as coupons under the Class Action Fairness Act when calculating the award. The panel held, however, that the district court did not abuse its discretion by approving the use of cy pres in this case or to approve the particular recipients. Finally, it was unnecessary to reverse the entire settlement approval in conjunction with the panel's vacatur of the fee award. The panel remanded the award of attorney's fees but otherwise affirmed the settlement. View "Romero v. Provide Commerce, Inc." on Justia Law