Resolving an issue of first impression before it, the United States Court of Appeals for the Ninth Circuit held that the Class Action Fairness Act of 2005 (CAFA) “may not be used to evade the specific numerosity requirement”...more
7/31/2020
/ Automotive Industry ,
Breach of Warranty ,
CAFA ,
Class Action ,
Class Representatives ,
Diversity Jurisdiction ,
Express Warranty ,
Fee-Shifting ,
Implied Warranties ,
Magnuson-Moss Act ,
Manufacturing Defects ,
Putative Class Actions ,
State Law Claims ,
Subject Matter Jurisdiction
A New York federal court issued an important reminder last week that class representatives—who often perceive their obligations as relaxed given the fictional nature of their role—have important product preservation...more
Extending the United States Supreme Court’s decision in China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018), the California Court of Appeal has held that a plaintiff cannot “stack” multiple class actions to extend the...more
A formerly obscure, 35-year-old New Jersey statute is increasingly taking its place as the claim of choice for class action lawyers suing consumer-facing companies. Most recently, plaintiffs' lawyers are using the ambiguous...more
Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the...more
The U.S. District Court for the District of New Jersey has once again confirmed a recent trend in consumer fraud class actions based on product liability claims: if the essence of the claim is harm caused by an allegedly...more
For the second time in as many months, the Northern District of California has decertified a damages class in a food labeling class action because the plaintiff’s damages model was incapable of measuring only those damages...more
A recent decision by the U.S. Court of Appeals for the Third Circuit reaffirmed the importance of requiring a plaintiff in a class action to show there is a reliable and administratively feasible method for ascertaining who...more
In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class...more