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Olivia Hoffman
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By Olivia G. Hoffman Last month, the Supreme Court granted certiorari to review a decision of the Ninth Circuit approving an $8.5 million class action settlement in which the majority of the settlement proceeds took the form of a cy pres award. Cy pres—which comes from a French expression meaning... Continue reading
Posted May 4, 2018 at Consumer Law Round-Up
By Olivia Hoffman and Katie Rosoff The Supreme Court first approved the use of mandatory arbitration provisions in employment contracts in 1991 in Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 31 (1991), which held that a securities broker could be compelled to arbitrate a federal age discrimination claim against... Continue reading
Posted Jan 29, 2018 at Consumer Law Round-Up
By Olivia Hoffman On August 15, 2017, the Ninth Circuit ruled in Robins v. Spokeo[1] (“Spokeo II”) that the violation of a consumer’s statutory rights under the Fair Credit Reporting Act (“FCRA”) was sufficient to constitute “injury-in-fact” for the purpose of establishing Article III standing. The case involved claims brought... Continue reading
Posted Aug 21, 2017 at Consumer Law Round-Up