A claim against one of the UK’s largest water companies for allegedly misleading regulators about the number of times it discharged sewage into waterways has been brought in the Competition Appeal Tribunal (CAT) on behalf of the company’s eight million customers. It is the first time the “opt out” collective action regime established by the [...] The post First environmental class action brought under UK collective action regime appeared first on Global Litigation News ..read more

In a class action spanning nearly 20 years, Ontario’s Superior Court of Justice has found two mutual fund managers liable for negligence related to “market timing”. Justice Koehnen held in Fisher v. IG Investment that the mutual fund managers failed to take reasonable steps to prevent frequent, short-term trading in their funds that harmed long-term [...] The post Canada: Mutual Fund Managers Liable For Failing To Prevent “Market Timing” Activity In Rare Class Action Common Issue Trial appeared first on Global Litigation News ..read more

The UK Competition Appeal Tribunal (“CAT”) has refused to certify an opt out class application brought by Liza Gormsen in relation to the alleged abuse of a dominant position by a social networking platform. The application signified a trend in claims pursued in the UK, in which it is argued that certain activities of dominant [...] The post <strong>UK Competition Appeal Tribunal refused to certify £2,3bn Opt Out Class Action  </strong> appeared first on Global Litigation News ..read more

Introduction On November 25, 2022 the Ontario Court of Appeal released three decisions clarifying the scope of the common law tort for invasion of privacy called “intrusion upon seclusion”. These cases are Owsianik v Equifax Canada Co., Obodo v Trans Union of Canada, Inc. and Winder v Marriott International, Inc.   The issue before the [...] The post Ontario Court of Appeal halts “intrusion upon seclusion” claims against defendants whose databases are hacked by third-parties appeared first on Global Litigation News ..read more

In Flesch v Apache Corporation, the Alberta Court of Appeal (“ABCA”) upheld the certification of an employee class action arising out of the cancellation of a long-term incentive compensation plan. This case is significant because the court discussed increasing its gatekeeping function in the certification of class actions, and it serves as a warning to [...] The post Alberta Court of Appeal contemplates enhanced gatekeeping in class action certification appeared first on Global Litigation News ..read more

Introduction In Mohr v National Hockey League, 2022 FCA 145, the Canadian Federal Court of Appeal (FCA) dismissed an appeal from a motion to strike a proposed class action claim. The proposed representative plaintiff alleged an anti-competitive conspiracy among professional and major junior hockey leagues. This decision is significant because the FCA confirmed that prohibitions [...] The post Canadian Federal Court of Appeal Slams the Door on Buy-Side Conspiracy Claims appeared first on Global Litigation News ..read more

In brief The Federal Court of Australia has awarded aggregate damages in an Australian consumer class action proceeding commenced by a private applicant. The last time an order of this kind was made was in 1998, in representative proceedings commenced by the Australian Competition & Consumer Commission (ACCC).[1] In Williams v Toyota Motor Corporation Australia Limited (Initial [...] The post Australia: Aggregate damages awards in Australian class actions – back to the future? appeared first on Global Litigation News ..read more

Bucking the trend of recent certification decisions, the Competition Appeal Tribunal refused to grant an opt-out collective proceedings order in favour of either of the two competing proposed class representatives in the foreign exchange follow-on claims.[1] In a significant victory, the respondent banks succeeded in their argument that the claims brought by O’Higgins and Mr [...] The post UK Tribunal refuses opt-out class action in forex class actions, confirming certification regime has teeth appeared first on Global Litigation News ..read more

On 8 March 2022, the Competition Appeal Tribunal published its summary of the opt-out collective claim filed by Dr Liza Lovdahl Gormsen against Meta, in relation to alleged abuses of dominance imposed through Facebook’s terms and conditions.[1] As the 17th application for a collective proceedings order made since the class actions regime changed in 2015, [...] The post Latest competition class action confirms attractiveness of the UK regime for opt-out consumer claims for abuse of dominance appeared first on Global Litigation News ..read more

1.   Introduction Swiss civil procedural law today only provides for very limited possibilities of collective redress, which the Swiss Federal Council has recognized in a report back in 2013 as insufficient. However, the issue of how exactly collective redress shall be strengthened is highly controversial. A first proposal by the Federal Council was rejected by [...] The post Switzerland: New proposal to broaden instruments of collective redress appeared first on Global Litigation News ..read more