Ohio trial courts have needed reminding that class certification requires a bit of explanation. Gordon v. Erie Islands Resort & Marina, a case from Ohio’s 6th Appellate District, is the latest case in point.

A judge recently held that the NCAA’s limit on athlete compensation unreasonably restrains trade. Although the action did not include financial damages, the plaintiff athletes are now seeking $50.2 million in attorneys’ fees and court costs for the several years of litigation it took to see their interests vindicated.

A recent federal court case included data that revealed an explosion in FLSA litigation. Nationwide, annual FLSA filings are up over 400% from 2001 – something employers might find interesting.

What happens to a class action when the named plaintiff accepts a Rule 68 offer of judgment? According to a recent Ninth Circuit decision, the Rule 68 settlement could moot the entire action.

Home Depot is facing a class action lawsuit after customers became aware of a large data breach. Several similar stories indicate that Home Depot may not be alone in the defendant’s chair and that class action litigation is on the rise as consumer data breaches become more prevalent.

A judge in the Northern District of Illinois recently applied the heightened facial plausibility standard to affirmative defenses and did so in the context of a Telephone Consumer Protection Act class action. It would be significant if the holding were to stand on appeal. 

Recent news suggests an emerging digital-age trend in class action litigation: hospitals getting sued for data breaches. A suit filed by a New Mexico woman for a data breach after her stay in a Las Vegas hospital is just one example.

Class Actions on the Energy Front

Plaintiffs recently filed a putative class action suit against the networking site LinkedIn in California federal court. The claim, brought under the Fair Credit Reporting Act, raises questions as to whether the law should apply more broadly than just to the reporting of consumer credit.

Home Depot is facing class litigation relating to data breach allegations, revealing that this and other large retailers are likely to see more of these suits in the coming months. As this story details, the home improvement store's data breach has spawned “at least 21 federal lawsuits” as of October 10.

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