Clear all

Refine your search

Tags
Author
Jurisdiction

86 results found

Commentary
Ask Lexy

WeirFoulds LLP | Canada | 11 Aug 2021

Quebec Superior Court allows class action against Sunwing but not other airlines

The Quebec Superior Court recently allowed a class action to proceed against Sunwing Airlines on the grounds that it had offered passengers travel credits rather than refunds for flights cancelled due to the covid-19 pandemic. However, the Court did not allow the claim to proceed against other air carriers that had also initially offered some passengers travel credits instead of refunds but......
Commentary
Ask Lexy

ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello | Italy | 10 Aug 2021

Class action in Italy: a much-needed mechanism for collective redress

Since Law 31 of 12 April 2019 came into force, Italian law has provided a sophisticated opt-in mechanism for collective redress to protect homogenous individual interests. Overall, the new class action appears to be a viable instrument which, through a system of economic incentives, could overcome the rational apathy of small-claims holders and ensure redress. This article outlines the......
Commentary
Ask Lexy

Cozen O'Connor | USA | 19 Dec 2018

San Francisco federal judge dismisses class action claims as time barred and pre-empted by Airline Deregulation Act

In an interesting decision that may have significant repercussions for air carriers, a San Francisco federal judge recently dismissed a putative class action brought against Air France based on a limitations provision set out in Air France's General Conditions of Carriage and the pre-emption provisions of the Airline Deregulation Act.
Commentary
Ask Lexy

Mayer Brown | USA | 10 Oct 2018

Ninth Circuit rules on wage and hour class action claims

The Ninth Circuit recently held that a settlement of class claims in an opt-out class action asserting only state law wage and hour claims also released the plaintiff's Fair Labour Standards Act claims arising from the same allegations on which her state claims had been predicated. The decision reinforces the importance of carefully crafting release language in all settlements, including......
Commentary
Ask Lexy

Dentons | Canada | 4 Sep 2018

Class action claiming gender harassment dismissed as only arbitrator had jurisdiction

A group of female police officers has lost its bid to bring a class action in the courts for gender discrimination and harassment. The officers had claimed systemic gender-based discrimination and harassment by male members of the police force. However, the court held that it had no jurisdiction over the class action because the claims should have been brought at arbitration.
Commentary
Ask Lexy

Borden Ladner Gervais LLP | Canada | 28 Jun 2018

Quebec court consolidates law on third-party funding agreements: impact on commercial arbitration

Third-party funding in commercial arbitration in Canada has moved increasingly into the mainstream. Its implementation is largely influenced by the treatment of third-party funding in litigation, which is why it is important for arbitration practitioners in Canada to continue to follow jurisprudential trends regarding the treatment of third-party funding. A recent third-party litigation......
Commentary
Ask Lexy

Mayer Brown | USA | 23 May 2018

California Court of Appeal invalidates employee arbitration clause on basis of exemption to Federal Arbitration Act

The Fourth District of the California Court of Appeal recently ruled that a truck driver could not be compelled to arbitrate his claims in a state wage and hour class action against his staffing company employer, notwithstanding an arbitration clause in his employment contract that required individual arbitration rather than class actions. This ruling continues a line of California state......
Commentary
Ask Lexy

Hogan Lovells | Italy | 16 May 2018

Supreme Court upholds first class action relating to medical devices

After seven years, the Supreme Court finally ended the first product-related class action promoted in Italy relating to a medical device. The decision is noteworthy, despite the small sum awarded, because very few class actions have been declared admissible to date and even fewer cases have been upheld on the merits due to strict admissibility requirements.
Commentary
Ask Lexy

Levitan Sharon & Co | Israel | 24 Apr 2018

Withdrawal of class action due to lack of individual cause of action

The plaintiff in a recent case filed a claim and a motion to certify the claim as a class action against the insurer. The insurer paid the plaintiff only 85% of the actual damage and notified her that following the examination of the parties' versions and the damaged parts of the cars involved, it had deducted the plaintiff's contributory negligence at a rate of 15%. The insurer argued, among......
Commentary
Ask Lexy

Manatt Phelps & Phillips LLP | USA | 14 Feb 2018

Court rejects plaintiff's efforts to expand discovery beyond fax

A Pennsylvania federal court recently refused to allow a plaintiff to rummage around in the defendant's records of all fax communications that it had sent within the past four years, noting that discovery cannot be used as a way of potentially putting together a separate and unrelated class action for other Telephone Consumer Protection Act violations. The court may have allowed the discovery......
Previous page 1 2 3 ...