Civil practice – Class action – Decertification
Where (1) a plaintiff filed a class action on behalf of all children who are or will be in the custody of the Massachusetts Department of Children and Families (DCF) as a result of abuse or neglect by...
View ArticleProducts liability – Class actions – Fruit juice products
Where two consolidated class actions have been brought alleging that the defendants misled the plaintiffs into believing that certain of their products were safe, whereas the products in fact contained...
View ArticleArbitration – Tips – Class action
Where the claimants, four current and former employees of a restaurant, commenced an arbitration proceeding with the American Arbitration Association pursuant to a dispute resolution agreement that...
View ArticleAppeals – Bond – Class action – Intervention
Where (1) an individual has filed an appeal challenging the denial of her motion to intervene in a class action settlement on behalf of other similarly-situated consumers and (2) the plaintiffs have...
View ArticleSecurities – Insider trading – Class action – Counsel fees
Where plaintiffs were awarded judgment in a class action against defendants for issuing false and misleading statements in violation of multiple federal securities laws and improperly trading in...
View ArticleEmployment – Franchises – Class action
Where a class action has been filed in a franchising case, a motion by the plaintiffs for clarification should be allowed in part and denied in part.
View ArticleProducts liability – Tobacco – Class action – Motion to decertify
Where a defendant has moved to decertify the class represented by two named plaintiffs and certified by this court’s June 24, 2010 decision in Donovan v. Philip Morris USA, Inc., 268 F.R.D. 1 (D. Mass....
View ArticleMortgages – Class action – Decertification – Race
Where this court issued an order certifying a plaintiff class to include all African-American borrowers who obtained a mortgage loan from one of the defendants within a certain period of time, the...
View ArticleEmployment – Class action – Prevailing wage
Where the named plaintiffs and proposed class representatives allege that the defendants failed to pay legally mandated wages and benefits to their employees working in Massachusetts, Connecticut and...
View ArticleConsumer protection – TCPA – Class action
Where plaintiffs, alleging that the defendant sent them and a class of other individuals unsolicited fax advertisements in violation of the Telephone Consumer Protection Act, now request class...
View ArticleEmployment – Independent contractors – Class action
Where plaintiffs have moved for class certification in a suit alleging that the defendant improperly classified its drivers as independent contractors in violation of G.L.c. 149, §148B, the motion must...
View ArticlePrisons – Strip searches – Class action
Where a plaintiff who was strip searched when transferred to the Segregation Unit at the Western Massachusetts Regional Women’s Correctional Center, has moved for class certification with respect to...
View ArticleClass certified in strip search suit
A U.S. District Court judge has certified a class of women challenging a state prison’s policy of permitting male correctional officers to videotape strip searches of female inmates in non-emergency...
View ArticleLandlord and tenant – Class action – G.L.c. 93A – Fees
Where two plaintiff tenants rejected a defendant landlord’s reasonable offer to settle a G.L.c. 93A claim, that rejection does not preclude an award of counsel fees to the entire class of tenants...
View ArticleSettlement offer rejection doesn’t bar class recovery
The rejection of a reasonable settlement offer by two tenants who served as the named plaintiffs in a putative class action did not preclude recovery of attorneys’ fees under Chapter 93A by the rest of...
View ArticleMortgages – HAMP – Class action
Where plaintiffs charging the defendant bank with mismanaging loan modification requests have moved for class certification, the plaintiffs have not satisfied the predominance and superiority...
View ArticleBorrowers denied class status in ‘HAMP’ suit
Individual borrowers alleging that Bank of America mismanaged their loan modification requests under the federal Home Affordable Modification Program were not entitled to certification as a class, a...
View ArticleEmployment – Class action – Minimum wage – Overtime
Where a plaintiff has moved for class certification of his minimum wage and overtime claims under Massachusetts and New Hampshire law, the motion should be allowed because the complaint satisfies the...
View ArticleEmployment – Class action – Prevailing wage
Where the named plaintiffs and proposed class representatives allege that the defendants failed to pay legally mandated wages and benefits to their employees working in Massachusetts, Connecticut and...
View ArticleConsumer protection – TCPA – Class action
Where plaintiffs, alleging that the defendant sent them and a class of other individuals unsolicited fax advertisements in violation of the Telephone Consumer Protection Act, now request class...
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