Kevin Ranlett

Kevin Ranlett

Mayer Brown - Class Defense Blog

Contact  |  View Bio  |  RSS

Latest Publications


Eighth Circuit Decertifies Environmental Nuisance Class Action Alleging “Fear of Contamination” Without More

The Eighth Circuit recently issued a decision reversing class certification for lack of commonality. In Smith v. ConocoPhillips Pipe Line Co., the Eighth Circuit considered a class action proceeding on a nuisance theory...more

10/21/2015 - Class Action ConocoPhillips Contaminated Properties Contamination Energy Sector Land Owners Nuisance Oil & Gas Pipelines Putative Class Actions

Ten Things Class Action Practitioners Need To Know About Potential Amendments To Federal Rule Of Civil Procedure 23

Rule 23 may be in for some major changes. The Advisory Committee has commissioned a Rule 23 subcommittee to investigate possible revisions to the class action rules. That subcommittee issued a report (pdf) discussing its...more

9/25/2015 - Article III Campbell Ewald v Gomez Class Action Class Members Due Process Federal Jurisdiction Predominance Requirement Rule 23 Rule 23(b)(3) Rule 68 SCOTUS Settlement Seventh Amendment Standing

US Federal Communications Commission’s Recent Order Expands Potential Liability under the Telephone Consumer Protection Act for...

“This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public.” That’s what FCC Commissioner Ajit Pai had to say in his dissent from the FCC’s recent...more

7/24/2015 - CAN-SPAM Act Cell Phones FCC Health Care Providers Healthcare HIPAA Mobile Devices Prior Express Consent Robocalling Smartphones TCPA Text Messages VoIP Wireless Technology

New Oregon class-action law purports to seize unclaimed damages for legal aid and judge-picked charities

The first bill signed by Oregon Governor Kate Brown—H.B. 2700 (pdf)—changes the rules for handling payment of damages awards in class actions in Oregon state courts. Effective immediately, including for pending actions, the...more

3/19/2015 - Class Action Damages Kate Brown New Legislation Unclaimed Property

Eleventh Circuit adopts broad view of businesses’ potential liability under TCPA for faxes sent by third parties

One of the hottest areas in class actions is litigation under the Telephone Consumer Protection Act (TCPA). And one of the most significant issues in TCPA litigation is the existence and scope of vicarious liability. The...more

11/13/2014 - FCC Professional Liability TCPA Unsolicited Faxes Vicarious Liability

Class Action Fairness Act Roundup

Nine years after the Class Action Fairness Act of 2005 (“CAFA”) was enacted, parties continue to fight over when federal jurisdiction over significant class and mass actions is proper. In this post, we provide a rundown...more


More Thoughts On Ascertainability And Why It Matters In Deciding Whether To Certify A Class Action

Can you have a class action if you can’t figure out who’s in the proposed class? According to many in the plaintiffs’ bar, the answer is “yes.” ...more

5/29/2014 - Affidavits Ascertainable Class Bayer Class Action Class Certification POM Wonderful Putative Class Actions

Are You Objecting To Personal Jurisdiction In Magnet Jurisdictions Yet?

Until recently, many large companies have resigned themselves to the assertion of personal jurisdiction by courts in any state in which they do business—so long as the plaintiff has named the right corporate entity as...more

4/29/2014 - Alien Tort Statute Class Action DaimlerChrysler v Bauman Personal Jurisdiction Pharmaceutical Industry

Plaintiffs Can’t Evade Removal Under Class Action Fairness Act By Suing For Only Declaratory Relief

Over the years, the plaintiffs’ bar has used a wide variety of stratagems to try to prevent defendants from removing class actions to federal court. We’ve previously blogged about several of them. A recent Eleventh Circuit...more

3/28/2014 - CAFA Class Action Declaratory Relief Removal

Use The “Consumer” In Consumer Class Actions To Defeat Certification

Plaintiffs routinely bring consumer class actions under statutes that allow only consumers—not businesses—to bring claims, or that are limited to transactions solely for personal or household purposes. See, e.g., Electronic...more


En Banc Ninth Circuit Will Clarify When A Subdivided Mass Action Can Be Removed Under CAFA

Back in December, we blogged about two cases in the Ninth Circuit that were the latest skirmishes in the fight over whether plaintiffs can evade removal under the Class Action Fairness Act of 2005 (“CAFA”) by artificially...more

2/17/2014 - CAFA Class Action Mass Action Subdivision

Do Employers Have To Pay Unionized Workers For Time Spent Donning And Doffing Safety Gear? Supreme Court Says No

In recent years, one of the hottest types of collective actions against employers under the Fair Labor Standards Act (“FLSA”) is what is commonly called a “donning and doffing claim”—a lawsuit for unpaid wages for time...more

1/30/2014 - Collective Bargaining FLSA Protective Gear SCOTUS Unions Wage and Hour

Floodgates To New York Telemarketing Class Actions Under The TCPA Are Open, Says Second Circuit

Just in time for the holidays, the Second Circuit’s recent decision in Bank v. Independence Energy Group LLC has dropped a lump of coal in the business community’s stocking. In this case, the “lump of coal” is an open door to...more

12/23/2013 - CAFA Class Action Class Representatives Jurisdiction TCPA

The Fate Of Hollywood Internship Programs May Rest With The Second Circuit

Former interns used to get revenge against their employers by writing tell-all blog posts and memoirs. Now, they’re lending their names to plaintiffs’ lawyers, who then file wage-and-hour class or collective actions alleging...more

12/19/2013 - Collective Actions DOL FLSA Fox Searchlight Pictures Unpaid Interns Wage and Hour

You’ve Settled The Class Action—Can The State AG Demand Another Payout?

One of the more alarming recent developments in the class-action arena is the increase in actions by state attorneys general that mirror private class actions. These state AG actions aren’t like the typical enforcement...more

12/10/2013 - Attorney Generals Class Action Disgorgement Parens Patriae Restitution

15 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.