On June 11, 2018, the United States Supreme Court ruled that American Pipe tolling does not extend to follow-on class actions brought after the statute of limitations period has run. This decision resolves a split between circuit courts over the question of whether a putative class member can rely on American Pipe to toll applicable statute of limitations to file a new class action in lieu of promptly joining an existing suit or filing an individual action.
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It is no secret that California has had appliance efficiency standards in place for some time now. And it is no secret that the California Energy Commission has been responsible for crafting those standards. According to the CEC and the California State Legislature, however, compliance with those standards has been hit-or-miss. Continue reading to see what retailers can do to ensure compliance.
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On March 14, 2017, the Consumer Review Fairness Act of 2016 will come into effect, 90 days after it was signed into law by President Obama. The Fairness Act was passed in response to an increase in the use of so-called “non-disparagement clauses” that prohibited consumers from sharing their honest opinions about a seller’s goods, services or conduct.
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On May 16, 2016, the United States Supreme Court rendered its decision in Spokeo, Inc. v. Robins. In an opinion authored by Justice Alito, the Court held that a plaintiff must do more than plead a statutory procedural violation to establish standing; to plead an injury in fact, a plaintiff also must allege a harm that is both “concrete” and “particularized.”
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