Post-TransUnion, A Closer Examination of Threshold for Article III Standing-
Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more
8/18/2023
/ Appeals ,
Article III ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Litigation ,
Damages ,
En Banc Review ,
Mass Tort Litigation ,
Popular ,
SCOTUS ,
Settlement ,
Standing ,
Subject Matter Jurisdiction ,
TransUnion LLC v Ramirez
SCOTUS Leaves Standing 9th Circuit Ruling in Tuna Case That, at Certification, Plaintiffs Need Not Show Putative Class Has Few Unharmed Members -
Litigation of the class certification question nearly always involves expert...more
On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, holding long after a jury verdict that three quarters of a certified class of more than 8,000 Fair Credit Report Act (FCRA) class members lacked...more
7/8/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When?
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more
8/11/2020
/ Article III ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Class Members ,
Class Representatives ,
Direct Purchasers ,
Discovery ,
Due Process ,
Forum Selection ,
FRCP 23 ,
FRCP 26(b)(1) ,
Mass Tort Litigation ,
Multidistrict Litigation ,
Out-of-State Residents ,
Personal Jurisdiction ,
Putative Class Actions ,
Ripeness ,
SCOTUS ,
Split of Authority ,
Standing ,
Subject Matter Jurisdiction ,
Substantially Similar ,
Vacated ,
Venue ,
Writ of Mandamus
In This Issue:
- The Fairness in Class Action Litigation Act of 2015
- Class Certification Decisions:
..Decisions Granting Motions to Strike/Dismiss Class Claims
..Decisions Denying Motions to...more
6/17/2015
/ Breach of Contract ,
CAFA ,
Chamber of Commerce ,
Class Action ,
Class Certification ,
Commonality ,
Damages ,
Declaratory Relief ,
Discovery ,
Dukes v Wal-Mart ,
Estoppel ,
FACTA ,
FDCPA ,
FRCP 23 ,
Injunctive Relief ,
Jurisdiction ,
Leave to Amend ,
Local Controversy Exception ,
Motion to Dismiss ,
Motion To Strike ,
Predominance Requirement ,
Product Defects ,
Putative Class Actions ,
Reasonable Person Test ,
Remand ,
Res Judicata ,
Rule 68 ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA ,
The Fairness in Class Action Litigation Act of 2015
Yesterday, the U.S. Supreme Court addressed an important question governing the procedure for removing cases to federal court — whether a defendant must attach evidence in support of key jurisdictional facts, such as the...more
Earlier today, the U.S. Supreme Court declined to review decisions upholding class certification in two cases that have garnered increasing scrutiny by the legal community — Butler v. Sears, Roebuck & Co. and Whirlpool Corp....more
Earlier this year, as noted in a previous client alert, the U.S. Supreme Court vacated and remanded the Sixth Circuit’s decision in Whirlpool Corp. v. Glazer, 678 F.3d 409 (6th Cir. 2012), for further consideration in light...more
Earlier today, the U.S. Supreme Court summarily vacated and remanded the Sixth Circuit’s decision in Whirlpool Corp. v. Glazer, 678 F.3d 409 (6th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, No....more