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Blogs & Articles
Mesa Laboratories v. Federal Insurance Co.: The Seventh Circuit Confirms There’s No Way Around the TCPA Insurance Exclusion
In 2018, Mesa Laboratories sent faxes promoting its dental-industry-related services. After receiving one of those faxes, James Orrington, II, a Chicago-area dentist, filed a class action against Mesa alleging that Mesa’s unsolicited faxes were sent…
- May 03
- 3 mins read
The Pitfalls of a Common Fund Settlement
When resolving class actions, plaintiffs and defendants often weigh the pros and cons of a common fund vs. a claims-made structure. (See our previous article describing how claims made settlements are more common than you…
- Apr 07
- 2 mins read
Seventh Circuit Class Action Opt-Outs: Learn and Follow the Rules
On March 11, 2021, the Seventh Circuit issued an important decision in In re Navistar Maxxforce Engines Marketing, Sales Practices, and Products Liability Litigation (No. 20-1821), holding that class members who wish to opt out…
- Apr 05
- 4 mins read
The Impact of COVID-19 on Class Action Settlement Take Rates
By now, we have become accustomed to the significant changes that the Covid-19 pandemic has brought. Online shopping, Zoom conferences, facemasks and vaccination appointment competition are all part of “The New Normal.” And apparently, so…
- Mar 29
- 4 mins read
Reducing Waste, Fraud and Abuse in Public-Notice Class Action Settlements
In settlements in which consumers self-identify as class members, the question is not whether there will be fraud but rather the extent, nature, and cost of the fraudulent claims filed. By way of example, in…
- Mar 22
- 4 mins read
How Does Litigation Finance Dovetail with Corporate Strategy?
As the saying goes, nature abhors a vacuum. There’s a corporate version of that, too: Companies fear uncertainty. Even newer companies in embryonic industries (think Tesla and electric vehicles) that invite disruption to established markets…
- Mar 16
- 2 mins read
Will Your Settlement go Viral and Create a Run on the Bank?
When assessing financial risk arising out of a class action settlement, companies need to consider whether a proposed settlement is likely to go viral. The four factors below should help guide the analysis: Brand…
- Mar 09
- 3 mins read
The Cherry on Top: The 11th Circuit Becomes Friendlier to Class Action Plaintiffs
In early February 2021, the 11th Circuit issued a significant ruling, holding in Cherry v. Dometic Corp. that class representatives need not “prove the existence of an administratively feasible method to identify absent class members…
- Mar 01
- 4 mins read
The Importance of Prohibiting Mass Opt-Outs in Class Action Settlement Agreements
Class action settlement agreements can be long and complicated. But sometimes it’s the simplest provisions—like one prohibiting mass opt-outs—that can pay dividends. The Backstory In July 2019, Equifax entered into a $700 million settlement agreement…
- Feb 23
- 3 mins read
The Impact of COVID-19 on Class Action Settlement Take-Rates
The legal system, especially in the class action context, has seen the impact of COVID-19.
- Nov 10
- 3 mins read
