Class Action Insider

In August 2019, plaintiff Susan Drazen filed a class action complaint against GoDaddy.com, LLC (“GoDaddy”) for alleged violations of the Telephone Consumer Protection Act of 1991 (“TCPA”).  Drazen alleged that GoDaddy called and texted her through a prohibited automatic dialing system.  After Drazen’s case was consolidated with other cases asserting similar TCPA violations against GoDaddy, the named plaintiffs proposed a class action settlement agreement. 

The United States District Court for the District of New Jersey’s dismissal of several claims in Cohen v. Subaru Corporation exemplifies the utility of the economic loss rule and puffery arguments in the class action and false-advertising contexts.  Class action defendants should take note of these defenses as an opportunity to slice at the size and scope of plaintiffs’ cases.

Kim Kardashian’s compensated reference to a certain cryptocurrency may have been the most widely seen financial promotion in history, as observed by an industry expert. But is she liable to a putative class of investors who took her advice and lost money?

On September 15, in a decision long-anticipated by California employers, the Ninth Circuit upheld Assembly Bill (A.B.) 51, a law that prohibits employers from requiring employees to sign arbitration agreements as a condition of employment. Arbitration agreements often contain class action waivers and thus A.B. 51 significantly impacts an employer’s ability to prevent class litigation from ensuing.