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Parens Patriae Action By State Attorney General Is Not Removable Under CAFA’s Class Action Provision

A federal district court in Hawaii held that a parens patriae action brought on behalf of the State of Hawaii by its Attorney General was not removable under the Class Action Fairness Act (“CAFA”) because it was not a class...more

8/1/2014 - Attorney Generals Bristol-Myers Squibb CAFA Class Action Parens Patriae Pharmaceutical Pharmaceutical Manufacturers

Ascertainability Issues Preclude Certification of a Class of Individuals Alleging Violations of the Fair Debt Collection Practices...

The U.S. District Court for the Western District of Michigan denied plaintiffs’ motion for class certification citing plaintiffs’ failure to satisfy Rule 23’s ascertainability, commonality, typicality, and predominance...more

7/31/2014 - Ascertainable Class Class Action Class Certification Debt Collection FDCPA

No Revival Of Class Claims For Plaintiff Who Delayed Amending His Complaint In Bad Faith

An Illinois federal district court has ruled that a class plaintiff whose motion for class certification was denied may not avoid that outcome by amending his complaint to introduce a new legal theory and revised class...more

7/30/2014 - Amended Complaints Bad Faith Class Action Class Certification TCPA

First Circuit Finds for Life Insurer in ERISA Class Action Challenging Retained Asset Accounts to Pay Life Insurance Benefits

In a unanimous panel decision, the U.S. Court of Appeals for the First Circuit reversed a trial court’s ruling that the defendant, Unum Life Insurance Company of America (Unum), had breached fiduciary duties under the...more

7/10/2014 - Appeals Breach of Duty ERISA Insurers Life Insurance Retained Asset Accounts Unum Life Insurance Company

Lack Of Predominance, Superiority, And Ascertainability Foreclose Mortgagors’ Proposed Class Action Alleging Kickbacks In...

The Central District of California denied certification of a putative nationwide class of mortgagors, holding that numerous individualized issues precludeda finding of predominance, superiority, or ascertainability. In...more

7/3/2014 - Ascertainable Class Escrow Holders Kickbacks Mortgage Escrow Account Predominance Requirement Putative Class Actions RESPA Subsidiaries

California District Court Denies Certification of Putative Class of Plaintiffs Alleging Violations of the Video Privacy Protection...

The U.S. District court for the Northern District of California denied plaintiffs’ motion for class certification because the proposed class did not satisfy Rule 23’s ascertainability and predominance requirements. ...more

7/1/2014 - Class Action Class Certification Hulu Rule 23 Video Privacy Video Privacy Protection Act

Basic Survives, But Defendants Must Have Opportunity To Show Lack Of Price Impact To Rebut “Fraud-On-The-Market” Presumption Of...

Earlier this week the Supreme Court reaffirmed the validity of the “fraud-on-the-market” presumption of reliance that significantly eases the burden on investors in obtaining certification of private securities fraud class...more

6/27/2014 - Basic v Levinson Class Action Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Presumption of Reliance SCOTUS Securities Fraud

West Virginia District Court Certifies Rule 23(b)(3) Class Of Plaintiffs Alleging Violations Of Fair Credit Reporting Act Section...

The U.S. District Court for the Southern District of West Virginia certified a Rule 23(b)(3) class, holding that the class was sufficiently ascertainable and satisfied the requirements of Rule 23(b)(3). Plaintiff’s class...more

6/5/2014 - Class Action FCRA Federal Rules of Civil Procedure Quicken Loans Rule 23

Court Refuses to Apply California or Texas Law to Putative Nationwide Class and Denies Renewed Motion for Class Certification

A California federal district court denied a renewed motion for certification of a nationwide class, holding that the application of California negligence and conversion law would violate the due process rights of...more

6/4/2014 - Class Action Class Certification Conversion Due Process Negligence Payday Loans Putative Class Actions Rule 23(b)(3)

Damage Models Create Individualized Issues For Pre-Explosion Subclass Of BP Shareholders, But Present No Impediment For...

The Southern District of Texas recently denied certification of a subclass of BP shareholders who purchased shares prior to the Deepwater Horizon explosion and alleged that misstatements regarding safety improvements caused...more

6/3/2014 - BP Class Action Class Certification Deepwater Horizon Shareholder Litigation Shareholders Stocks

Ninth Circuit Holds On 23(f) Appeal That District Court Abused Its Discretion By Weighing The Merits In Denying Certification

After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality...more

5/8/2014 - Amgen Appeals Class Action Class Certification Corporate Counsel FEHA Rule 23(b)(3) Rule 23(f) Wal-Mart

California District Court Finds Plaintiff’s Proposed Damages Models Insufficient Under Comcast; Denies Certification Under Rule...

The U.S. District Court for the Northern District of California certified a Rule 23(b)(2) class for injunctive and declaratory relief but denied plaintiff’s motion for class certification under Rule 23(b)(3) because plaintiff...more

5/8/2014 - Class Action Class Certification Comcast v. Behrend Consumers Legal Remedies Act False Advertising FDA Rule 23(b)(2) Rule 23(b)(3) Unfair Competition

Court Strikes Class Action Allegations Citing Individualized Causation Issues

A Pennsylvania federal district court granted defendant CitiMortgage’s motion to strike class allegations under Rule 23(d)(1)(D), because it was clear from the complaint that plaintiffs could not meet the requirements for...more

5/8/2014 - Class Action Class Certification Motion To Strike Rule 23

California District Court Holds That Named Plaintiff’s Lack Of Credibility On Key Issue Renders Him An Inadequate Class...

The U.S. District Court for the Central District of California denied class certification in a product mislabeling case after holding that named plaintiff lacked credibility on a material issue and, therefore, could not be an...more

4/4/2014 - Class Action Class Certification Class Representatives Credibility False Advertising Labeling Pharmaceutical

Knowles Gives Employer Second Chance To Seek And Win Removal

The Ninth Circuit Court of Appeals held that neither a damages waiver nor the passage of more than 30 days after receipt of a complaint prevented an employer’s removal under CAFA. A putative class of California store...more

4/2/2014 - CAFA Class Action Removal Standard Fire Ins. Co. v. Knowles

Putative Nationwide Class Of Car Dealers Turns Out To Be A Lemon - Individualized Issues Preclude Certification

The U.S. District Court for the Northern District of Georgia denied plaintiffs’ motion for nationwide class certification because the proposed class did not meet Rule 23’s commonality or predominance requirements. The...more

4/1/2014 - Car Dealerships Class Action Putative Class Actions

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