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Fifth Circuit vacates clandestine fee award
- Jorden Burt LLP
- -
- USA
- -
- June 2 2008
In In re High Sulfur Content Gasoline Products Liability Litigation, the Fifth Circuit vacated a secret attorney’s fee award approved by a district court as part of a class action settlement
Fear of injury insufficient to confer standing
- Jorden Burt LLP
- -
- USA
- -
- June 2 2008
The Texas Supreme Court recently dismissed a putative class action for lack of jurisdiction because the plaintiffs’ claims were too speculative and hypothetical to confer standing. In
Class certification denied for unjust enrichment and implied warranty claims
- Jorden Burt LLP
- -
- USA
- -
- March 16 2009
In Ronat v. Martha Stewart Living Omnimedia, the plaintiffs alleged that certain Martha Stewart brand patio tables sold at K-Mart had defective glass tops that tended to shatter spontaneously
Multi-state unjust enrichment class actions held to be improper
- Jorden Burt LLP
- -
- USA
- -
- December 2 2009
In Muehlbauer v. General Motors, the U.S. District Court for the Northern District of Illinois recently ruled that “multi-state class actions for unjust enrichment are inappropriate because the individual states’ laws regarding unjust enrichment are too nuanced to lend themselves to class treatment.”
Consumer Product Safety Commission recommends removal of all Chinese drywall
- Jorden Burt LLP
- -
- USA
- -
- July 7 2010
The US Consumer Product Safety Commission (CPSC) and the Department of Housing and Urban Development (HUD) recently recommended that consumers whose homes were built using certain Chinese-made drywall have their homes gutted as a safety precaution
First Chinese drywall rulings noxious for insurers
- Jorden Burt LLP
- -
- USA
- -
- July 7 2010
The first substantive rulings in the ubiquitous Chinese-made drywall litigation indicate a growing headache for property insurers
Court orders arbitration under “follow form” agreement to arbitrate in excess liability policy
- Jorden Burt LLP
- -
- USA
- -
- December 1 2010
CB Fleet Company, Inc, a manufacturer of certain FDA-regulated over-the-counter medication, sued one of its excess liability carriers, Aspen Insurance UK Ltd
Leaky tubs sink plaintiffs’ class certification
- Jorden Burt LLP
- -
- USA
- -
- March 4 2010
In Evans v Lasco Bathware, a California appellate court affirmed denial of class certification based on the need for individualized damage determinations, which the court found trumped the commonality factor
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