Class Action

questions

The Big Questions: A Case Study on What Is ‘Unfair’ and ‘Deceptive’

From time to time, we here in the class action department of Dworken & Bernstein will ask the fundamental questions: What does unfair mean? What is deceptive? Where is the line? What conduct crosses it? A recent string of cases about shipping and handling fees examines these big picture issues head on. We’ve all seen them – the late night

Read More »
Cy pres

As Close As Possible: The Cy Pres Doctrine in the Class Action Context

If you’ve received an email or postcard saying you were a part of a class action settlement and you forgot to put in a claim, you may be part of millions distribution to charity. When a class action settles, a large percentage of people do exactly what you’ve done in the past – forget about the notice and don’t make

Read More »
Republican

Will the New Administration Trump Class Actions?

If history has taught us anything, it would seem obvious that a Republican presidency, as well as a new Republican congress, would be vehemently opposed to class actions. In the past, they have teamed up to take on litigation reform. They have passed the Federal Arbitration Act; as well as the charmingly named Class Action Fairness Act and the Fairness

Read More »
Trump University

Trump University: A Case Study on the Issue Reliance in Consumer Class Actions

Irrespective of your political leanings, the Trump University class action is an interesting and unique case. It is also a good learning tool for one issue that comes up in nearly every consumer protection class action – reliance. In this article, we will explore the lawsuit, cutting through the political noise that surrounded it. The plaintiffs in the Trump University

Read More »
actions

Class Actions in the Employment Law Context

Over the last two months, we have talked about different types of class actions and how to recognize them in your everyday practice. Those articles focused mainly on consumer protection cases. However, there’s one type of case that warrants its own discussion given its idiosyncrasies and importance. This is the wage and hour class action. Wage and hour class actions

Read More »
potential

How to Spot a Potential Class Action in Your Practice

One of the most common questions we receive from other attorneys is, “How do I spot a potential class action?” Th e answer is much simpler than you think; you just need to know what to look for. In the last issue, we spent some time explaining what a class action is and how it can be used as a

Read More »
small

Class Actions to Protect Small Businesses?

Class actions can be used as an instrument to protect small businesses from massive corporations and from the government. A group seeking a remedy in a class action doesn’t have to be a collection of consumers. A class can be a group of businesses. In recent years, rather than being an enemy of business, class actions have become protectors of

Read More »
class

Good, Bad, But Not Indifferent – The Beginning of Class Actions

Class actions are an area of law that brings out strong feelings in most people, including laypersons, lawyers, judges, politicians, corporations, unions, consumers, small business owners and the list goes on. Everyone seems to be an expert, whether class actions are good or bad. The cases are certainly large and high profile enough that everyone knows enough to be dangerous

Read More »
questions

The Big Questions: A Case Study on What Is ‘Unfair’ and ‘Deceptive’

From time to time, we here in the class action department of Dworken & Bernstein will ask the fundamental questions: What does unfair mean? What is deceptive? Where is the line? What conduct crosses it? A recent string of cases about shipping and handling fees examines these big picture issues head on. We’ve all seen them – the late night

Read More »
Cy pres

As Close As Possible: The Cy Pres Doctrine in the Class Action Context

If you’ve received an email or postcard saying you were a part of a class action settlement and you forgot to put in a claim, you may be part of millions distribution to charity. When a class action settles, a large percentage of people do exactly what you’ve done in the past – forget about the notice and don’t make

Read More »
Republican

Will the New Administration Trump Class Actions?

If history has taught us anything, it would seem obvious that a Republican presidency, as well as a new Republican congress, would be vehemently opposed to class actions. In the past, they have teamed up to take on litigation reform. They have passed the Federal Arbitration Act; as well as the charmingly named Class Action Fairness Act and the Fairness

Read More »
Trump University

Trump University: A Case Study on the Issue Reliance in Consumer Class Actions

Irrespective of your political leanings, the Trump University class action is an interesting and unique case. It is also a good learning tool for one issue that comes up in nearly every consumer protection class action – reliance. In this article, we will explore the lawsuit, cutting through the political noise that surrounded it. The plaintiffs in the Trump University

Read More »
actions

Class Actions in the Employment Law Context

Over the last two months, we have talked about different types of class actions and how to recognize them in your everyday practice. Those articles focused mainly on consumer protection cases. However, there’s one type of case that warrants its own discussion given its idiosyncrasies and importance. This is the wage and hour class action. Wage and hour class actions

Read More »
potential

How to Spot a Potential Class Action in Your Practice

One of the most common questions we receive from other attorneys is, “How do I spot a potential class action?” Th e answer is much simpler than you think; you just need to know what to look for. In the last issue, we spent some time explaining what a class action is and how it can be used as a

Read More »
small

Class Actions to Protect Small Businesses?

Class actions can be used as an instrument to protect small businesses from massive corporations and from the government. A group seeking a remedy in a class action doesn’t have to be a collection of consumers. A class can be a group of businesses. In recent years, rather than being an enemy of business, class actions have become protectors of

Read More »
class

Good, Bad, But Not Indifferent – The Beginning of Class Actions

Class actions are an area of law that brings out strong feelings in most people, including laypersons, lawyers, judges, politicians, corporations, unions, consumers, small business owners and the list goes on. Everyone seems to be an expert, whether class actions are good or bad. The cases are certainly large and high profile enough that everyone knows enough to be dangerous

Read More »

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