State Cannot Pursue Enforcement Action that Results in Double Recovery for Class December 13, 2014

On November 7, 2014, the Ninth Circuit Court of Appeals determined that a State may not pursue claims which would result in double recovery for the class of persons represented, where a private class action under the Class Action Fairness Act resolved the dispute. A private plaintiff sued Intelligender, LLC (a company selling gender prediction […]

Texas Supreme Court Prohibits Discovery of Other Insured’s Claim Files December 4, 2014

“Scouring claim files in hopes of finding similarly situated claimants whose claims were evaluated differently from [plaintiff’s] is at best an impermissible fishing expedition.” In a case involving allegations of underpaid insurance claims, the Texas Supreme Court has recently held that a “trial court abuse[s] its discretion in ordering the defendant insurer to produce evidence […]

Will the Supreme Court Require Evidence to Accompany a Notice of Removal Under the Class Action Fairness Act? November 11, 2014

Last month, the United States Supreme Court heard arguments in Dart Cherokee Basin Operating Company, LLC v. Owens. The question presented in that case is “[w]hether a defendant seeking removal to federal court is required to include evidence supporting federal jurisdiction in the notice of removal, or is alleging the required ‘short and plain statement […]

Uncollected Settlement Proceeds in Class Actions Not Subject to the Texas Unclaimed Property Act October 5, 2014

On August 29, 2014, the Texas Supreme Court issued a 5-4 opinion holding that uncollected settlement proceeds in a class action settlement are not subject to the Texas Unclaimed Property Act because such proceeds are not abandoned property. Thus, in a class action settlement, so long as the requirements of Texas Rule of Civil Procedure […]

Responding to Texas Public Information Act Requests

Under the Texas Public Information Act, a consumer, a competitor, or any other member of the general public may seek information from governmental entities, which could affect the interests of private businesses. For example, some information filed by businesses with governmental agencies may have trade secret or other competitive, non-public information that warrants protection from […]

Attorney General Civil Investigative Demands

Nobody likes big brother watching over them. And nobody likes to be investigated by the State. But the State has the awesome power to collect documents or testimony from individuals and businesses alike through its civil investigative demand powers. So when the State comes knocking, it is imperative to react appropriately. What is a Civil […]


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