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Stoll Berne attorneys honored by 2011 Oregon Super Lawyers

STOLL BERNE proudly announces that twelve of the firm’s attorneys have been selected as either 2011 Oregon Super Lawyers or Rising Stars. Lawyers recognized in the Oregon Super Lawyers list include: Gary Berne, Tim DeJong, Keith Ketterling, Steve Larson, David Lokting, Rob Shlachter, Scott Shorr and Robert Stoll. Elizabeth Tedesco Milesnick, Yoona Park, Josh Ross and Jennifer Wagner have all been recognized in the Rising Stars list; and both Rob Shlachter and Tim DeJong as

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U.S. Supreme Court reverses Wal-Mart, Inc. v. Dukes

On June 20, 2011, the U.S. Supreme Court in Wal-Mart, Inc. v. Dukes reversed a class certification order in a class action lawsuit against Wal-Mart filed on behalf of current and former female employees of Wal-Mart.  As reported earlier on this blog, the trial court had  certified a class representing approximately 1.5 million female employees at Wal-Mart stores throughout the country. The workers sued the nation’s largest private employer for sex discrimination in Wal-Mart’s pay,

Categories: Breaking News, Employment Class Action, Class Actions of Interest, Groundbreaking Decisions
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US Supreme Court rules that arbitration agreements can bar class action lawsuits

Today, the U.S. Supreme Court handed down its decision in AT&T v. Concepcion, which I wrote about earlier in this blog, ruling that arbitration agreements can bar class action lawsuits. In its 5-4 decision, the Court, in effect, reversed the California Supreme Court’s decision in Discover Bank v. Superior Court of Los Angeles, 36 Cal. 4th 148, 113 P.3d 1100 (2005).  In Discover Bank, the California Supreme Court held that class action waivers in consumer

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Wal-Mart v. Women

The Supreme Court recently heard argument in the employment discrimination lawsuit against Wal-Mart that I have written about before on this blog.  It is the largest in American history.  Wal-Mart is also one of the largest private employers in American history.  If the Supreme Court rejects this suit, it will send a chilling message that some companies are too big to be held accountable.

Categories: Breaking News, Employment Class Action
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Taco Bell Responds to False Advertising Class Action Suit

Taco Bell responded to the class action lawsuit I told you about last month alleging that Taco Bill is engaging in false advertising when saying it uses ground beef in its tacos.  News of the Taco Bell class action lawsuit spread like wildfire, forcing Taco Bell to launch a massive PR campaign. Taco Bell announced this week it would give away a free Crunchy Beef Taco to the first 10 million Facebook fans who “like”

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US Supreme Court grants certiorari in Dukes v. Wal-Mart

This morning, on December 6, 2010, the US Supreme Court granted certiorari in the Dukes v. Wal-Mart case on the first question raised in the petition (whether Rule 23(b)(2) certification may include monetary remedies) and a second question that the court fashioned (whether class certification under Rule 23(b)(2) is consistent with Rule 23(a).  In Dukes v. Wal-Mart, Inc., 603 F.3d 571 (9th Cir. 2010), the Ninth Circuit affirmed the certification of a class of female

Categories: Breaking News, Employment Class Action
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Another bank tries to settle excessive overdraft class action

A federal court in Chicago has begun notifying current and former bank account customers of Fifth Third Bank of a proposed $9.5 million class action settlement.  A lawsuit filed in the U.S. District Court in Northern Illinois claims Fifth Third improperly assessed overdraft fees for insufficient funds on debit card purchases and ATM withdrawals by “re-sequencing” transactions to maximize the number of overdraft fees. The bank has denied the lawsuit’s claims.

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FarmVille creator Zynga sued in class action for illegally sharing Facebook user data

A class-action lawsuit was filed in November in a federal court in San Francisco accusing FarmVille creator Zynga of “illegally sharing the Facebook user data of its customers with advertisers and data brokers.”  The lawsuit alleges Zynga violated federal law and its contract with Facebook by sharing the user data of players on games such as FarmVille.  The lawsuit seeks “monetary relief” for those affected as well as an injunction to “prevent continued privacy abuses”.

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Judge keeps bulk of Toyota consumer suit intact

A federal judge tentatively ruled on Friday, November 19, 2010, that he would leave intact the bulk of a consumer class-action case against Toyota seeking damages for economic losses stemming from complaints about cars that raced out of control.  U.S District Judge James Selna in Santa Ana, California, held that Toyota car owners stand to recover any compensation awarded under the lawsuit for lost resale value regardless of whether they personally experienced sudden unintended acceleration. 

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Oral argument heard in AT&T Mobility v. Concepcion

The US Supreme Court heard oral argument in the AT&T Mobility v. Concepcion case on November 10, 2010.  As we explained earlier on this blog, the class action complaint alleged that AT&T misleadingly offered a “free” phone to consumers, then charged consumers sales tax for “free” phones.  AT&T demanded individual arbitration, relying on a provision in the contract that prohibited class actions.  Both the district court and the Ninth Circuit ruled for the plaintiff by

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NELA files amicus brief in AT&T Mobility v. Concepcion

The National Employment Lawyers Association (“NELA”) filed an amicus brief in AT&T Mobility v. Concepcion, which is pending before the U.S. Supreme Court.  That case presents the important question of whether states retain authority to apply general principles of contract interpretation to class action waivers found in arbitration agreements. The NELA brief says that the use of such waivers is becoming increasingly common in the labor and employment context, particularly in so-called “take it or leave it” contracts

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NCLC files amicus brief in AT&T Mobility v. Concepcion

The National Consumer Law Center (“NCLC”) filed an amicus brief in AT&T Mobility v. Concepcion, which is pending before the U.S. Supreme Court.  As mentioned earlier in this blog, the Concepcion case involves the issue of whether states retain authority to apply general principles of contract interpretation to class action waivers found in arbitration agreements.

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Dukes v. Wal-Mart; Employees file opposition to Wal-Mart’s Petition for Certiorari

As mentioned previously on this blog, in September 2010, Wal-Mart filed a petition asking the U.S. Supreme Court to review the Ninth Circuit’s decision in Dukes v. Wal-Mart certifying a class of more than a million current and former female workers who allege they were discriminated against. On October 21, 2010, the counsel for the class of Wal-Mart employees filed an Opposition to Wal-Mart’s Petition to the U.S. Supreme Court for a writ of certiorari. 

Categories: Breaking News, Employment Class Action
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GMAC mortgage class action over alleged false foreclosure documents

A class action lawsuit has been filed in Maine against GMAC Mortgage, LLC (GMAC) alleging, among other things, that GMAC filed knowingly false certifications for foreclosure and false affidavits in support of foreclosure. The GMAC foreclosure documentation class action lawsuit complaint alleges that thousands of Maine homeowners have lost their homes due to judgments based on alleged false GMAC foreclosure certifications and affidavits.  Maine is one of the 23 states where judicial sign-off is required to move ahead with

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Campaign Finance Suit Denied Class Action Status

A Florida state court judge has refused to grant class-action status to a lawsuit by two contributors who claim Gov. Charlie Crist cheated them by becoming an independent. The plaintiffs, Linda Morton of Naples and James Rood of Jacksonville, a former GOP Party chairman and U.S. ambassador to the Bahamas, had also asked the court to freeze $7.5 million in Crist’s campaign warchest.  Senior Circuit Judge Jack Schoonover refused to convert the lawsuit to a class action and has

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Ninth Circuit Affirms that “Right to Sue” Means What it Says

The Ninth Circuit correctly held that a mandatory arbitration clause in a credit card agreement is unenforceable under the Credit Repair Organizations Act (“CROA”).  Greenwood v. CompuCredit Corp., — F.3d —-, 2010 WL 3222415 (9th Cir. 2010), was a class action stemming from a credit card marketed to consumers with weak credit as a card that would help “rebuild poor credit.”  The plaintiffs alleged that the fees charged for the card (about $275 in fees charged on the card reducing

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Seventh Circuit blasts Fifth Circuit’s Analysis for Certifying Securities Class Actions

In its August 20, 2010 opinion in Schleicher v. Wendt, —F.3d—, 2010 WL 3271964 (C.A.7 (Ind.), 2010), the Seventh Circuit affirmed the district court’s certification of a securities fraud class action and, in so doing, provided a withering critique of the Fifth Circuit’s approach to certification in securities cases.  Judge Easterbrook began by observing the defendants’ arguments against class certification (including that a company as large and widely followed as corporate defendant Conseco does not

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