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

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

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

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

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

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

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

Plaintiffs, home mortgage consultants, alleged they were misclassified as exempt employees by Wells Fargo. ILG, a law firm, represented approximately 600 Wells Fargo consultants alleging the same claim as the Lofton class in multiple lawsuits; the ILG suits were dismissed because the underlying claims were resolved in Lofton. In 2014, the court of appeal affirmed an order, requiring ILG to deposit into a court-supervised escrow account over $5 million of settlement proceeds ILG claimed as attorneys’ fees. ILG had concealed that settlement from the Lofton court and its class member clients. The TRO was predicated on an allegation that ILG’s clients were actually members of the class compensated by the $19 million “Lofton” settlement and that ILG was compensating itself out of the separate settlement without court approval. On remand, the trial court concluded ILG was not entitled to attorney’s fees. The monies on deposit with the court were directed to be paid to the class members who participated in the settlement. The court of appeal affirmed. Until the trial court did something about it, ILG had constructive possession of the entire $6 million settlement and control over its disbursement. ILG received due process. Nothing in this record demonstrates that ILG’s services in securing $750 for each of its 600 clients and facilitating their participation in Lofton were worth the $5.5 million it claimed in attorneys’ fees. View "Lofton v. Wells Fargo Home Mortgage" on Justia Law

The Court of Appeal affirmed the trial court's order denying class certification in this putative class action alleging wage and hour violations against defendants. The court held that substantial evidence supported the trial court's conclusion that individual questions would predominate in determining which class members actually have a claim for missed rest breaks. The court also held that the trial court acted within its discretion in finding plaintiff was not an adequate class representative, and in denying leave to substitute another representative in light of the age of the case and the futility of doing so. View "Payton v. CSI Electrical Contractors" on Justia Law

Plaintiffs, current and former Uber drivers, filed putative class actions alleging that Uber violated various federal and state statutes by, among other things, misclassifying drivers as independent contractors rather than employees. The Ninth Circuit previously considered and reversed the district court's orders denying Uber's motions to compel arbitration in Mohamed v. Uber Technologies, Inc., 848 F.3d 1201, 1206 (9th Cir. 2016).In this case, the panel rejected plaintiffs' additional arguments as to why the arbitration agreements were unenforceable. Because the class certification by the district court was premised on the district court's determination that the arbitration agreements were unenforceable, the panel reversed class certification. The panel also held that the Rule 23(d) orders were based on the district court’s denial of the motions to compel arbitration and its granting of class certification. Because these decisions must be reversed, there was no longer a basis for the district court's restrictions on Uber's communication with class and putative class members. Therefore, these orders were moot and the panel reversed. View "O'Connor v. Uber" on Justia Law