News & Analysis as of

Burden of Proof Putative Class Actions

Benesch

Dispute Over Whether TCPA Litigator Invited Calls Make Her “Inadequate” to Represent Class

Benesch on

In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - December 2022

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

Butler Snow LLP

Understanding the Home State Exception to CAFA’s Diversity Jurisdiction

Butler Snow LLP on

The Class Action Fairness Act (“CAFA”), enacted in 2005, expanded federal jurisdiction over class actions. However, CAFA contains some exceptions, or instances when a federal court may not exercise jurisdiction. One such...more

Foley & Lardner LLP

Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions

Foley & Lardner LLP on

On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt...more

King & Spalding

U.S. District Court Denies Class Certification Motion in Aluminum Rate-Manipulation Case Based on Improper Use of Statistical...

King & Spalding on

On July 23, 2020, Judge Paul A. Englemayer of the U.S. District Court for the Southern District of New York denied a motion to certify a proposed class of direct purchasers of aluminum in a decision that may signal a trend...more

King & Spalding

Ninth Circuit Sua Sponte Reverses Remand Of Wage And Hour Class Action, Ruling That District Courts Must Give Defendants A Chance...

King & Spalding on

On September 3, the Ninth Circuit reversed a district court’s remand of a putative class action, holding that when a notice of removal plausibly alleges a basis for federal court jurisdiction, the district court must provide...more

Bradley Arant Boult Cummings LLP

Big Picture Loans Lands Big Win for Tribal Lenders in Sovereign Immunity Case

In a recent decision by the Fourth Circuit, Big Picture Loans, LLC, an online lender owned and operated by the Lac Vieux Desert Band of Lake Superior Chippewa Indians, a federally recognized Indian tribe (“Tribe”), and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Midyear Update 2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

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