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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 09-01-172 CV

Regular Panel Decision

Dec 04, 2001

Brian Peters v. Blockbuster, Inc.

This appeal involves a class action lawsuit against Blockbuster, Inc. regarding fees charged for rental items. Appellants, unnamed members of the proposed class, challenged the trial court's certification of a class for settlement purposes, claiming procedural irregularities, inadequate class representatives, and issues with the class notice. They also questioned the trial court's jurisdiction to amend its order while an appeal was pending and argued for deferral to another class action. The Court of Appeals reviewed the trial court's rigorous analysis of class certification requirements, its jurisdiction to amend orders, the adequacy of class representation, typicality of claims, and the sufficiency of the class notice. The court affirmed the trial court's orders, finding no abuse of discretion.

Class Action SettlementConsumer FeesDue ProcessInterlocutory AppealJurisdictionClass CertificationAdequacy of RepresentationTypicality of ClaimsClass NoticeAbuse of Discretion

References

Case No. MISSING

Regular Panel Decision

Peters v. Blockbuster, Inc.

This opinion addresses an interlocutory appeal concerning the preliminary certification of a class action settlement against Blockbuster, Inc. The original plaintiffs, Kim Ann Scott and Malia Knight, initiated a class action claiming excessive "extended viewing fees" for rental items. Unnamed class members, serving as appellants, challenged the trial court's orders, citing procedural irregularities, inadequate class representation, and issues with the class notice and the ripeness of the settlement. The appellate court affirmed the trial court's decision, concluding that the trial court conducted a rigorous analysis of class certification requirements and that the notice provided to class members was adequate. The court also found no abuse of discretion regarding the adequacy of class representation or the typicality of claims, while also confirming its jurisdiction to amend orders during the appeal. The merits of the settlement were deemed not ripe for review.

Class ActionSettlement CertificationAppellate ReviewDue ProcessClass RepresentativesTypicality of ClaimsAdequacy of RepresentationClass NoticeInterlocutory AppealJudicial Discretion

References

Case No. ADJ3519701

Regular

Nov 04, 2013

SHERYL SEIFERT vs. BLOCKBUSTER VIDEO, SEDGWICK RIVERSIDE

The applicant, injured in 2001, sought further temporary disability benefits more than five years after her injury date. While the Workers' Compensation Appeals Board (WCAB) generally retains jurisdiction for benefits beyond five years if no final award has been issued, this case involved a prior stipulated award of temporary disability that was subsequently terminated. Therefore, to seek additional benefits, the applicant was required to file a petition to reopen or for new and further disability within the five-year statutory period. Since no such petition was filed within the timeframe, the WCAB properly denied the applicant's petition for reconsideration, upholding the WCJ's finding of lack of jurisdiction to award further benefits.

Petition for ReconsiderationTemporary Disability BenefitsDate of InjuryJurisdictionAward TerminationPetition to ReopenNew and Further DisabilityInsidious Progressive DiseaseStated ReasonsAdministrative Law Judge

References

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Brian Peters v. Blockbuster, Inc.

Class Action SettlementConsumer FeesDue ProcessInterlocutory AppealJurisdictionClass CertificationAdequacy of RepresentationTypicality of ClaimsClass NoticeAbuse of Discretion

Peters v. Blockbuster, Inc.

Class ActionSettlement CertificationAppellate ReviewDue ProcessClass RepresentativesTypicality of ClaimsAdequacy of RepresentationClass NoticeInterlocutory AppealJudicial Discretion

SHERYL SEIFERT vs. BLOCKBUSTER VIDEO, SEDGWICK RIVERSIDE