July 2012

July 31, 2012 2:45 PM | Posted by Jaret J. Fuente | Permalink
In Volkswagen Group of Amer., Inc. v. Peter J. McNulty Law Firm, --- F.3d ----, Nos. 11-1438 & 11-1857, 2012 WL 3064844 (1st Cir. July 27, 2012), the First Circuit vacated a $30-million attorneys’ fee award to MDL Class Counsel in connection with the settlement of a diversity case against Volkswagen and Audi regarding alleged engine defects in certain vehicles prone to the formation of damaging engine sludge unless particular types of motor oil were used. The Court held it was error to apply federal law to determine the amount of attorneys’ fees to award to class counsel in connection with the settlement where, although the defendants agreed to pay reasonable attorneys’ fees as part of the settlement, the parties expressly disclaimed any agreement as to what choice of law governs the award. Rather, here's what the parties agreed… read more
July 30, 2012 1:31 PM | Posted by Kirkwood, Allison | Permalink
More than two years ago, the Eleventh Circuit certified questions to the Florida Supreme Court regarding class actions waivers in consumer contracts in Pendergast v. Sprint Nextel Corp., 592 F.3d 1119 (11th Cir. 2010).  In light of the United States Supreme Court's ruling in Concepcion, the Florida Supreme Court declined jurisdiction. read more
July 16, 2012 2:55 PM | Posted by Jaret J. Fuente | Permalink
How important is the “style” of your arbitration clause? Just ask Fantastic Sams… read more
July 9, 2012 2:48 PM | Posted by Glover, Anthony | Permalink
In Mahon v. Ticor Title Ins. Co., No. 10-3005-cv, 2012 WL 2369194 (2nd Cir. June 25, 2012), the plaintiff brought a purported class action against her title insurer and a related title insurer, on behalf of herself and similarly situated individuals, but failed to allege that the related title insurer injured her . . . read more
July 3, 2012 12:05 PM | Posted by Glover, Anthony | Permalink
Casey v. Merck & Co., 653 F.3d 95, 100-01 (2d Cir. 2011), involved consolidated products liability actions brought by prescription drug users against a drug manufacturer.  The plaintiffs asserted claims under Virginia law for strict liability, failure to warn, breach of express and implied warranty, and negligence in the design, testing, development, manufacture, labeling, marketing, distribution, and sale of drug.  The defendant successfully moved for summary judgment … read more
July 2, 2012 9:13 AM | Posted by Katherine Heckert | Permalink
In Winzler v. Toyota Motor Sales U.S.A., Inc., ---F.3d---, No. 10-4151, 2012 WL 2236624 (10th Cir. June 18, 2012), a car owner brought a putative class action against Toyota, alleging an engine defect. At the same time, Toyota initiated a recall of the car model, offering all owners repair and replacement of faulty parts at no cost. The Court was faced with the basic question- does Winzler still have a case, or was it now rendered moot? Find out, after the jump. read more