The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include...more
Ascertainability. The Tenth Circuit affirmed it treated ascertainability as a sub-requirement of numerosity, not a standalone criteria. The Tenth Circuit affirmed the denial of certification of a class of college students who...more
Fail-Safe Class Definition. The District of Columbia Circuit reversed a district court’s denial of a class action on the grounds the plaintiffs had proposed an impermissible “fail safe” class—i.e., a class definition for...more
Immigration -
Judge Wright of the Central District of California certified a class alleging that U.S. Immigration and Customs Enforcement officers violated the Fourth Amendment’s prohibition on unreasonable searches and...more
4/17/2023
/ CAFA ,
Class Action ,
Environmental Liability ,
Fossil Fuel ,
Fourth Amendment ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Negligent Misrepresentation ,
Oil & Gas ,
Public Health ,
Search & Seizure
Arbitration.
The Ninth Circuit held Xerox waived its right to compel arbitration against putative class members when it acted inconsistently with its right to arbitrate prior to class certification in litigation against a...more
Highlights from this issue include:
Class Action Fairness Act. The jurisdiction of the Class Action Fairness Act does not apply when “the primary defendants are States, State officials, or other governmental entities...more
2/10/2023
/ Administrative Procedure Act ,
CAFA ,
Class Action ,
Class Certification ,
Consumer Fraud ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Industry ,
Jurisdiction ,
Medicaid ,
Statutory Violations
Highlights from this issue include:
Affirmative Defenses. The Second Circuit held the district court erred in certifying a class alleging ERISA violations because it did not consider Defendant’s affirmative defenses in...more
1/16/2023
/ Affirmative Defenses ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Employee Retirement Income Security Act (ERISA) ,
IKEA ,
Lyft ,
Predominance Requirement ,
Securities Violations ,
Unfair or Deceptive Trade Practices
Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The...more
ANALYSIS -
Strategies to Defend Tuition Refund Class Actions -
The recent spate of class actions seeking refunds for tuition and other fees paid for in spring 2020 likely heralds an even greater deluge in the coming...more