Class Action Ohio

Title IX religious exemption is being challenged by class action lawsuit

Melissa M. Carleton — Wed, 12 May 2021 09:00:01 -0400

[W]hile the statutory religious exemption to Title IX may permit, or even require, the Department to refuse assistance to sexual and gender minority students like the Plaintiffs, the Constitution forbids such inaction.” Hunter v. U.S. Department of Education, Complaint ¶6.

Title IX has long had an exemption for religious institutions, which was put in place to protect religious rights under the First Amendment. That exemption is now coming under fire. In Hunter v. U.S. Department of Education, the Religious Exemption Accountability Project filed a class action lawsuit on March 29, 2021, in the United States District Court for the District of Oregon seeking to invalidate Title IX’s religious exemption as unconstitutional. Read more >>

Unjust enrichment claims in tuition refund class actions: No pain, no gain, no claim

Drew H. Campbell — Tue, 19 May 2020 09:00:02 -0400

The outbreak of COVID-19 tuition refund class actions is as virulent as the pandemic that inspired them. In just one week, the number of tuition refund class actions against colleges and universities nearly doubled from 60 to 105, most bearing an uncanny similarity to those that preceded them. Their main complaint is that the innovative transition from live to online learning necessitated by campus closures in response to the nationwide civil shutdown orders deprived students of the benefit of their bargain: live instruction in a diverse campus community.

Tuition refund class actions: The latest COVID-19 casualty

Drew H. Campbell — Mon, 11 May 2020 09:00:03 -0400

Nowhere is the COVID-19 virus mutating more quickly than in the cozy confines of class action litigation. From business interruption, to gym memberships, to disappointed Airbnb hosts, more and more Americans are turning to Rule 23 to recover losses that are as unprecedented as they were unpredictable.

The halls of higher education have not been spared. On March 27, 2020, the first college tuition refund class action lawsuit was filed in a federal district court in Arizona. The second suit came 12 days later in a federal district court in South Carolina. Since then, at least 60 class actions have been filed in federal and state courts across the country, and more are coming.

Debt buyers beware: SCOTUS will decide if the FDCPA applies to you

Drew H. Campbell — Thu, 26 Jan 2017 09:00:04 -0500

On Friday, January 13, 2017, the U.S. Supreme Court granted certiorari in Henson v. Santander Consumer USA, Inc. This case raises the question whether a debt buyer is a “creditor” or a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). The answer to this question, it turns out, is far from clear since debt buyers fit plausibly into either category.

Turbulence ahead for airlines in price-fixing lawsuit

Kara Herrnstein — Tue, 08 Nov 2016 09:00:05 -0500

There is always a risk when industry competitors adopt similar revenue-boosting measures. If you are cooperating with a competitor, make sure it’s not at the expense of competition.

When at first you don’t succeed, seek post-verdict decertification: Lessons learned from Mazzei v. The Money Store

Drew H. Campbell — Tue, 23 Aug 2016 09:00:06 -0400

What do you do when a court certifies a class over your objection and denies your motion for directed verdict on the critical class certification issue at trial, and a jury awards $32 million ($54 million if you count pre-judgment interest) on an individual claim worth $133.80?

New life for the death knell? SCOTUS accepts Microsoft Corp. v. Baker

Drew H. Campbell — Thu, 21 Apr 2016 09:00:07 -0400

On January 15, 2016, the U.S. Supreme Court granted certiorari to review the decision of the Ninth Circuit in Baker v. Microsoft Corporation.

No good deed goes unpunished: Did P.F. Chang’s prompt notice of data breach create standing to sue?

Drew H. Campbell — Mon, 18 Apr 2016 09:00:08 -0400

Class-wide relief for security breaches just got a little easier in the Seventh Circuit.

Sixth Circuit clarifies CAFA removal rules in favor of defendants

Thu, 07 Apr 2016 09:00:09 -0400

On April 7, the United States Court of Appeals for the Sixth Circuit issued a decision clarifying the rules governing the timing of removal of cases to federal court under the Class Action Fairness Act (CAFA).

Sovereign immunity in the age of continuous cyber warfare

Wed, 15 Jul 2015 09:00:10 -0400

Major cyber-attacks on a U.S. corporation or government agency are becoming more and more common. The news of 21.5 million Social Security numbers stolen from the Office of Personnel Management is the latest example.

Class Action Ohio

Title IX religious exemption is being challenged by class action lawsuit

Unjust enrichment claims in tuition refund class actions: No pain, no gain, no claim

Tuition refund class actions: The latest COVID-19 casualty

Debt buyers beware: SCOTUS will decide if the FDCPA applies to you

Turbulence ahead for airlines in price-fixing lawsuit

When at first you don’t succeed, seek post-verdict decertification: Lessons learned from Mazzei v. The Money Store

New life for the death knell? SCOTUS accepts Microsoft Corp. v. Baker

No good deed goes unpunished: Did P.F. Chang’s prompt notice of data breach create standing to sue?

Sixth Circuit clarifies CAFA removal rules in favor of defendants

Sovereign immunity in the age of continuous cyber warfare

Drew H. Campbell

Melissa M. Carleton

Kara Herrnstein

Jeffrey P. McSherry

Anne Marie Sferra

James Whelan

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