Blogs

Posts Categorized: Class Actions

Posted: May 15, 2016

Notice of Impending Dismissal of Putative Class Action Required Even if Class Not Yet Certified

On May 12, 2016, the First Department issued a decision in Vasquez v. National Securities Corp., 2016 NY Slip Op. 03817, holding that the proposed class of a putative class action must be given notice of the dismissal of the action even if the class is not yet certified, explaining: The motion court correctly required… Read more »

Posted: November 9, 2015

Court Preliminarily Approves Class Certification and Settlement; Questions Fee Award

On October 27, 2015, Justice Bransten of the New York County Commercial Division issued a decision in Matter of HSBC Bank U.S.A. N.A. Checking Account Overdraft Litigation, 2015 NY Slip Op. 51582(U), preliminarily approving class certification and settlement but questioning the fee award, explaining: Generally speaking, attorneys’ fees in New York may not be recovered… Read more »

Posted: October 30, 2015

Court Blasts Derivative Class Action Settlement

On October 23, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Matter of Allied Healthcare Shareholder Litigation, 2015 NY Slip Op. 51552(U), denying a “joint unopposed motion for the entry of an order directing notice to the proposed class and scheduling a hearing on class certification and settlement.” In… Read more »

Posted: October 13, 2015

Class Action Arbitration Waivers Signed After Litigation Begun Not Enforced

On October 8, 2015, the First Department issued a decision in Weinstein v. Jenny Craig Operations, Inc., 2015 NY Slip Op. 07345, affirming a trial court decision not to enforce class action arbitration waivers signed after an action was filed. In Weinstein, the defendant had employees “sign arbitration agreements containing class-action waivers after” a class… Read more »

Posted: August 27, 2015

Client Q&A: I was cheated by a big company. My loss was not big, but they probably cheated other people, too. How can we all get justice?

I was cheated by a big company. My loss was not big, but they probably cheated other people, too. How can we all get justice? By Bradley J. Nash In general, a plaintiff in a lawsuit can only assert claims for injuries that he suffered – and cannot assert claims on behalf of others. A… Read more »

Posted: August 14, 2015

Court Rejects Settlement in Class Action Due to Improper Communications by Class Counsel

In In re Am. Express Anti-Steering Rules Antitrust Litigation, 11-MD-2221 (E.D.N.Y. August 4, 2015), Judge Nicholas G. Garaufis took the unusual step of denying a motion for final approval of a negotiated settlement in an antitrust class action on the ground that he was not satisfied that the settlement was “fair, reasonable, and adequate” because… Read more »