Douglas A. Vonderhaar

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Supreme Court: Express Consent Required for Class Arbitration

By Douglas A. Vonderhaar on May 14, 2019 Posted in Arbitration

On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration. In Lamps Plus, Inc. v. Varela, the Supreme Court voted 5-4 to overturn the Ninth Circuit’s decision that the arbitration agreement between Lamps Plus and one of … Continue Reading

Federal Authorities Continue to Monitor Proposed Class Action Settlements

By Douglas A. Vonderhaar on April 18, 2018 Posted in Class Action Fairness Act

Officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to scrutinize class settlements to ensure that neither defendants nor class action counsel are improperly benefiting at the expense of class members. As discussed below, at minimum, parties to class actions in federal court can expect federal authorities to increasingly monitor … Continue Reading

Ninth Circuit Dismisses Consumer Claims Challenging Scientific Substantiation

By Douglas A. Vonderhaar on May 1, 2017 Posted in California

On April 21, 2017, the Ninth Circuit affirmed the dismissal of two putative class actions against manufacturers of human growth hormone (HGH) supplements. The actions centered on allegations that the defendant falsely advertised the benefits of the supplements. Specifically, the plaintiffs alleged defendants falsely represented that their product, SeroVital, increased HGH levels, was clinically tested, … Continue Reading

FTC to Collect and Analyze Class Settlement Data

By Douglas A. Vonderhaar on December 8, 2016 Posted in Class Action Fairness Act

On Nov. 14, 2016, the Federal Trade Commission (FTC) announced it issued orders to eight unidentified claims administrators, requiring them to divulge information on class settlement notification procedures and the response rates for various notification methods.[1] Citing its investigative powers for consumer protection matters under Section 6(b) of the FTC Act, the FTC stated that … Continue Reading