In a securities fraud action brought by retirement plans under section 10b of the Securities Exchange Act of 1934, plaintiffs sought to certify a class. In such a class certification action, a plaintiff must prove reliance on a material misrepresentation or omission made by a defendant. Plaintiffs invoked the “fraud on the market” presumption which provides […]
After Debtor Loses Suit Against Harassing Debt Collector, Student Loan Gets Larger.
Plaintiff brought an action against a debt collector under the Fair Debt Collection Practices Act [FDCPA; 15 USC § 1601] alleging she was harassed and falsely threatened in order to collect a debt after she defaulted on her student loan guaranteed by Ed Fund, a division of the California Student Aid Commission. Both the trial and […]
Child Abduction Custody Case Involving Member Of Military Not Moot.
In an action involving the International Child Abduction Remedies Act [ICARA; 42 U.S.C. 11601], a member of the U.S. Army filed for divorce shortly after he returned from deployment to Afghanistan. His wife, a citizen of Scotland was deported and took their child with her after a federal district court concluded the child’s habitual residence was […]
No Commonality Among Employment Decisions Means No Class Action.
In Wal-Mart Stores, Inc. v. Dukes (U.S. Sup. Ct.; June 20, 2011) 131 S.Ct. 2541, [180 L.Ed.2d 374], current and past employees of Wal-Mart sought injunctive relief, punitive damages and back pay for themselves as well as 1.5 million female employees, alleging discrimination against women under Title VII of the Civil Rights Act of 1964. A federal district court […]
No Injunction To Forestall Employer From Providing Obamacare Preventive Services To Women.
An arts and craft Christian retail chainstore with 13,000 employees in 500 stores nationwide petitioned for an injunction, against the implementation of Obamacare, pending appellate review of its claim under the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 [42 U.S.C. § 2000bb]. The employees receive health insurance […]
The Law Is For Thee, But Not For Me.
The Fair Credit Reporting Act [15 U.S.C. §1681] is supposed to protect the privacy of consumers. Among other provisions, it says that “no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt,” […]
Attorney Fees To Demonstrators Who Carried Pictures Of Aborted Fetuses At Protest.
Group carried pictures of aborted fetuses at a busy intersection in South Carolina, and a police officer informed them they would be ticketed for breach of the peace if graphic signs were not discarded. Eventually a petition was filed by the protestors alleging their First Amendment rights were being violated when police informed the group […]
Church School Did Not Violate Law When It Fired Teacher With Narcolepsy Who Threatened To File A Lawsuit.
The United States Supreme Court ruled a Lutheran Church school did not violate the law when it fired a teacher who claimed she was discriminated against because of a disability, and threatened to sue the church. The Court said the Establishment and Free Exercise Clauses of the First Amendment bar suits on behalf of ministers […]
Dispute Against Credit Card Company Promising To Help Rebuild Credit Has To Be Arbitrated.
Credit card was marketed to be used to “rebuild poor credit.” The company was sued in a class action for misrepresentation. Credit card users signed arbitration agreement in the application. But the Credit Repair Organizations Act [CROA; 15 U.S.C. §1679c(a)] states: “You have a right to sue a credit repair organization that violates the [Act].” […]
Only Natural Persons Subject To Suit.
The family of the deceased brought suit against The Palestinian Liberation Organization and The Palestinian Authority under the Torture Victim Protection Act of 1991 which authorizes a cause of action against an individual for acts of torture and extrajudicial killing committed under authority of color of law of any foreign nation. In this case, Palestinian […]
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