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Posts by: Ross Weiner
Briseño v. Henderson: Can the Parties Salvage the Settlement?
The Ninth Circuit’s June 2021 decision in Briseño v. Henderson, which reversed and remanded a claims-made settlement involving the ConAgra-owned Wesson Oil’s use of a “100% natural” label, attracted attention for its colorful language, including…
- Oct 05
- 4 mins read
Litigation Buyout Insurance: How Does It Work?
In July 2021, Risk Settlements co-presented a PLI webinar on how litigation buyout insurance (LBO insurance) can help keep companies “deal ready.” Following up on that presentation, we thought a brief article detailing the nuts and bolts…
- Aug 23
- 5 mins read
NAD Dispute Resolution Process: Secret Until It’s Not
by Ross Weiner I wrote a June 2021 article in Law360 describing how competitor advertising disputes brought to the National Adverting Division (NAD) are often a precursor to civil litigation. But a recent decision out…
- Aug 17
- 3 mins read
The 11th Circuit Tells Plaintiffs They Can’t ShoeHorn Insurance Coverage for a TCPA Claim
On June 1, 2021, the 11th Circuit stymied a certified class’s effort to force an insurance company to cover its insured’s TCPA settlement. Horn v. Liberty Ins. Underwriters, Inc., 998 F.3d 1289 (11th Cir. 2021). …
- Aug 04
- 4 mins read
TransUnion’s Unintended Consequence: More State Court Class Actions
It has been well documented that the Supreme Court’s June 25, 2021, opinion in TransUnion LLC v. Ramirez further limits the ability of plaintiffs to bring lawsuits in federal court based on technical statutory violations. …
- Jul 27
- 3 mins read
Can a Text Stand on Its Own? The 5th Circuit Says Yes
We are all Lucas Cranor. In June 2018, Cranor made a purchase at a store called 5 Star, and while there, he gave 5 Star his mobile number. As a reward for his patronage, 5…
- Jun 29
- 4 mins read
The Supreme Court to rule soon on what level of harm plaintiffs must establish to have standing to sue for statutory violations in the absence of actual harm.
Sergio Ramirez was trying to buy a car at a Nissan dealership when he was informed that his name matched two names on a list of suspected terrorists and criminals with whom U.S. companies are…
- Jun 22
- 3 mins read
How Ad Disputes Between Competitors Fuel Consumer Class Actions
This article was originally published on Law360.com By Ross Weiner The National Advertising Division (the advertising industry’s voluntary self-regulator) is as busy as ever this year. Recently, the NAD recommended Spectrum Mobile discontinue claims…
- Jun 11
- 6 mins read
A Wave of Class Actions Under the Illinois Biometric Information Privacy Act is Causing Insurers and Policyholders to Consider Novel Coverage Questions Under General Liability Policies
Over the past few months, you have probably heard about big dollar settlements in cases brought under the Illinois Biometric Information Privacy Act (“BIPA”). From the social media world, Facebook and TikTok both had significant…
- Jun 11
- 6 mins read
Tenth Circuit Blesses Class Action Settlements with “Kicker” and “Clear-Sailing” Provisions
On May 7, 2021, the Tenth Circuit issued an important decision affirming the Western District of Oklahoma’s approval of a class action settlement that contained both a “kicker” and “clear-sailing” provision relative to the award…
- May 28
- 5 mins read
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Litigation Buyout Insurance: How Does It Work?
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