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Pennsylvania District Court Denies Terminated Insurance Agents’ Bid for Certification

The Eastern District of Pennsylvania denied plaintiffs’ motion to certify certain issues under Rule 23(c)(4) and 23(b)(2), holding that the presence of numerous individualized questions, choice-of-law concerns, and other...more

10/24/2014 - Class Action Class Certification Federal Rules of Civil Procedure Putative Class Actions Rule 23

Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury...

A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable...more

10/23/2014 - Causation Class Action Class Certification Expert Testimony Expert Witness Medical Devices Technology

California District Court Certifies “Not Inherently Unascertainable” Consumer Class

In addition to the explicit Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy of representation, an implied prerequisite to certification is that the class must be sufficiently definite: that is,...more

10/22/2014 - Class Certification Credit Reporting Agencies Credit Reports Debt Buyers Debt Collection FDCPA HSBC Midland Funding Putative Class Actions

Life Insurer Prevails in First Circuit Appeal in ERISA Class Action Challenging Retained Asset Accounts

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

10/22/2014 - Class Action ERISA Life Insurance Retained Asset Accounts

Texas High Court Holds State’s Unclaimed Property Act Does Not Preclude Cy Pres Distribution Of Unclaimed Class Action Settlement...

In a 5-4 decision, the Texas Supreme Court held that the cy pres provision of a class action settlement was not subject to the state’s Unclaimed Property Act. After the trial court certified a class of subcontractors whose...more

9/26/2014 - Class Action Contractors Refunds Settlement Subcontractors Unclaimed Property

What Fifth Third Bancorp v. Dudenhoeffer May Mean for ERISA Stock-Drop Litigation

Did the future course of “stock-drop” litigation under the Employee Retirement Income Security Act (ERISA) against fiduciaries of public company employee stock ownership plans (ESOPs) take a sharp turn on June 25, 2014, when...more

9/26/2014 - ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer SCOTUS Stock Drop Litigation Stocks

Security Guards Unable To Secure Certification Without Commonality

A California federal district court recently denied a motion for class certification because the evidence presented in connection with the motion refuted plaintiffs’ attempted showing of commonality through uniform exposure...more

9/26/2014 - Commonality Employer Liability Issues Employment Policies Firearms Putative Class Actions Rest and Meal Break Security Guards

Third Circuit Affirms District Court’s Denial Of Certification Of Nationwide Class Of Plaintiffs Alleging Consumer Fraud And...

Plaintiffs alleged in their putative nationwide class action complaint that Quest Diagnostics was liable for consumer fraud, unjust enrichment, and violations of the Fair Debt Collections Practices Act for overbilling...more

9/24/2014 - Billing Class Certification FDCPA Fraud Putative Class Actions Unjust Enrichment

Court Denies Remand Holding CAFA’s Amount In Controversy Requirement Was Met

The United States District Court for the Northern District of Illinois denied plaintiff’s renewed motion to remand, holding that defendants had demonstrated that it was plausible that CAFA’s amount in controversy requirement...more

8/29/2014 - CAFA Debt Collectors Putative Class Actions Remand

Court Denies Certification Citing Putative Class Representative’s Criminal History

In Dunford v. American Databank, LLC, the plaintiff alleged that the defendant violated the Fair Credit Reporting Act by including within her criminal background report charges that were more than seven years old. The...more

8/28/2014 - Class Certification Criminal Records FCRA Putative Class Actions

Class Representative’s Motion To Remand For Insufficient Amount In Controversy Doesn’t Add Up

A Kentucky federal court recently ruled that a class plaintiff may not defeat removal by understating the aggregate amount in controversy alleged in her complaint....more

8/27/2014 - CAFA Class Action Class Representatives Social Security Benefits Social Security Disability

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

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