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Second Circuit Clarifies Ascertainability Rule, Rejecting “Heightened” Standard of Administrative Feasibility

The Second Circuit recently rejected the “heightened” ascertainability requirement under Rule 23(b)(3), turning aside a challenge to a district court’s certification of a securities fraud class action. Instead, the court...more

Game Over – SCOTUS Holds a Voluntary Dismissal With Prejudice Is Not a Viable Means to Appeal a Denial of Class Certification

A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the maker of the popular Xbox...more

An Offer You Can Refuse

The Second Circuit Court of Appeals recently confronted (again) a situation where a defendant made an offer of judgment to the putative class representative to provide all of the relief available to the individual plaintiff....more

Pay Attention: A Class Certification Decision You Might Want To Remember

On March 16, 2017, the Southern District of California certified a class action against the manufacturer of gingko biloba and Costco Wholesale Corporation, the seller. Plaintiff alleged, on behalf of a putative class of...more

Nigerian Natural Gas Drilling Rig Explosion Class Action Blown Away

The Northern District of California recently denied a motion for class certification in a case against Chevron Corporation connected to a 2012 explosion at a Nigerian natural gas drilling rig and the environmental impacts of...more

Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

The Middle District of Florida recently denied a plaintiff’s motion for class certification concerning claims that a collection agency illegally and intentionally sent collection correspondence to mortgagees whose debts...more

What are Interim Class Counsel and When Should They be Appointed?

Even before certification of a class under Rule 23(a)-(b), the district court has authority to appoint “interim counsel” under Rule 23(g)(3) “to act on behalf of a putative class before determining whether to certify the...more

TCPA Class Certified Based Largely on “Concrete Injury” Determination

Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established...more

Ohio Court Compels Plaintiffs to Respond to Interrogatories Regarding the “Contours” of the Putative Class

In a reversal of the usual scenario where a plaintiff seeks and a defendant resists class discovery, the Southern District of Ohio granted a defendant’s motion to compel answers to its interrogatory regarding who was included...more

No, Yes, or Back to State Court? Three Circuits Address Standing in Statutory “No Injury” Class Actions

In Spokeo, the Supreme Court declined to answer the certified question of whether a plaintiff suing for violation of a federal statute satisfied Article III’s standing requirement by alleging no concrete injury as a result of...more

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

Divergent Views on Class Discovery

In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies....more

Tendering Funds to Support Unaccepted Offer of Judgment Still Does Not Moot Case

On July 6, the Sixth Circuit addressed a question apparently left open by the Supreme Court in its recent Campbell-Ewald case.  In Campbell-Ewald, the Supreme Court ruled that an unaccepted Rule 68 offer of judgment did not...more

A Tale of Two Decertification Motions

The Seventh and Eighth Circuits both addressed motions to decertify classes the week of July 5—with divergent results.  These cases illustrate the deference afforded district courts’ class certification determinations.  Both...more

Southern District of California Diffuses Hairdryer Class

The Southern District of California decertified a nationwide consumer product class due to material differences between the state laws applicable to the claims. The plaintiff in Czuchaj v. Conair Corp. alleged a defect in...more

For Want of a Damages Model, Certification Was Lost

Khasin v. R. C. Bigelow, Inc., No. 12-CV-02204-WHO, 2016 WL 1213767 (N.D. Cal. Mar. 29, 2016), provides a recent example of a class-certification denial premised on the “damages model” rule expressed in Comcast Corp. v....more

Reverse Cycle! Eleventh Circuit Reverses “Smelly Washing Machine” Class Certification Due to Outmoded Standard

In the latest class action involving front-loading washing machines, the Eleventh Circuit reversed the certification of two statewide Texas and California classes of purchasers contending that the front door seal on early...more

2015 Food Industry Decisions With Bite

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Rice Capades: Court Certifies a Class of Lead Lawyers Against Defendant Law Firms Who Allegedly Used the Class’s Work Product in...

The Eastern District of Missouri certified an unusual class of lawyers and their clients who undertook a collective effort to litigate claims against Bayer related to the purported “contamination” of the U.S. rice supply by...more

Food for Thought: 2014 Litigation Annual Review

Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more

Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice

Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period. The plaintiffs alleged that the...more

Strategies In Class Action Engagement: Response To Class Certification

This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. An order granting class certification is not the end of the battle regarding...more

Strategies In Class Action Engagement: The Class Certification Hearing

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. The defense team must consider whether the company’s best interests are better...more

Strategies In Class Action Engagement: Third-Party Depositions, Part B

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we focus on the uses of expert testimony. The Role of the Expert at the...more

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