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Class Action Class Action Fairness Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

The Class Action Chronicle - Summer 2017

This edition focuses on rulings issued between February 15, 2017, and May 15, 2017. It begins with an article on the federal judiciary beginning to take notice of issues surrounding third-party litigation funding and testing...more

The Financial Stability Oversight Council: another potential route for overturning the CFPB’s final arbitration rule

by Ballard Spahr LLP on

In addition to the passage of legislation amending the Dodd-Frank Act (DFA), disapproval under the Congressional Review Act, and a legal challenge filed in court, a fourth potential route for stopping the CFPB’s final...more

Ninth Circuit Narrows Already Slim Exception to Rule Barring Post-Removal Amendments to Avoid CAFA Jurisdiction

by BakerHostetler on

A plaintiff will rarely be permitted to amend its class action complaint after removal to avoid federal jurisdiction under the Class Action Fairness Act (CAFA). That is the takeaway from the Ninth Circuit Court of Appeals’...more

A Cautionary Tale: Counterclaim Class Action Stuck in State Court

by McGuireWoods LLP on

The Class Action Fairness Act (CAFA) was enacted in 2005 to expand the subject-matter jurisdiction that Federal courts had over class actions. Yet CAFA’s reach is not unlimited, and in some instances, a corporation may still...more

Big Changes Could be Coming to Class Action Practice, Courtesy of Congress

by Hinshaw & Culbertson LLP on

Class actions, especially those with nationwide scope and the specter of huge payouts, have long been the stuff of nightmares for in-house counsel and corporate executives. The press regularly report on settlements where...more

Timing Is Everything: District Court In New York Approves CAFA Removal Two Years After Case Filing

by Jackson Lewis P.C. on

In a somewhat unusual ruling, a New York federal court denied an unpaid intern’s attempt to remand a putative wage-hour class action against Oscar de la Renta to state court even though the case was removed to federal court...more

Attempting to Counter a CAFA Loophole

by Carlton Fields on

Home Depot filed a certiorari petition in the United States Supreme Court aimed at closing an emerging loophole in CAFA jurisprudence in various circuits. According to the petition, some circuits have “narrowly construed...more

Sixth Circuit Narrowly Construes CAFA’s Local Controversy Exception

by BakerHostetler on

Congress passed the Class Action Fairness Act (CAFA) in 2005 to address a series of well-documented abuses of the class action process. Among the protections of the act were provisions enabling class action defendants to...more

False Advertising – Class Action Defense

by BakerHostetler on

Recent class certification decisions involving price comparison ads are prompting a large number of copycat suits, and retailers nationwide are carefully evaluating their sales advertising practices. Whether comparisons are...more

Saved By The Bellwether Trial in the Ninth Circuit

by Carlton Fields on

Removal under the “mass action” provision of the Class Action Fairness Act (CAFA) is appropriate when 100 or more plaintiffs take the affirmative step of proposing to try their claims jointly and the claims involve common...more

Congressional Overhaul of Class Action Procedure Pending Senate Consideration

by Moore & Van Allen PLLC on

As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action Fairness Act of 2005 (CAFA)...more

"The Class Action Chronicle - Spring 2017"

This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more

Fairness in Class Action Litigation Act of 2017 Faces Uncertain Future in Senate

by McGuireWoods LLP on

On March 9, 2017, the Fairness in Class Action Litigation Act of 2017 passed the House, 220-201, split almost entirely along party lines. No Democrats voted for the bill and only 14 Republicans voted against it. The proposal...more

CAFA’s “Local Controversy” Exception Does Not Apply When Federal Court Has Independent Basis for Subject Matter Jurisdiction

by Balch & Bingham LLP on

Last month, the Eleventh Circuit rejected a plaintiff’s bid to keep her class action in state court even though CAFA’s local controversy exception would have required a remand. In Blevins v. Aksut, No. 16-11585, — F.3d —,...more

House passes bill to clamp down on class actions

by Thompson Coburn LLP on

The U.S. House of Representatives passed H.R. 985, the “Fairness in Class Action Litigation Act,” on March 9, 2017. The bill would add eight new sections to the “Consumer Class Action Bill of Rights,” enacted as part of the...more

Class Action Roundup: Winter 2017

by Alston & Bird on

Welcome to the latest edition of Class Action Roundup, covering the fourth quarter of 2016. As has been the case throughout the year, class actions continue to play a key role in courtrooms across the...more

Proposed Legislation That Could Impact Class Action Litigation and Arbitration – The Fairness in Class Action Litigation Act of...

by BakerHostetler on

Two new pieces of proposed legislation could, if passed, change the architecture and requirements of class actions and outlaw mandatory arbitration clauses in employment and consumer contracts. But neither is a sure thing....more

CAFA, PART II?

by Pierce Atwood LLP on

In February 2017, Representative Goodlatte introduced the Fairness in Class Action Litigation Act of 2017. The Act, as with its 2015 predecessor, covers a lot of ground. It permits certification of damages classes only where...more

House Passes Bill Proposing Sweeping Changes to Class Action Litigation

by Morrison & Foerster LLP on

The House of Representatives has passed legislation that will fundamentally change class actions as we know them. The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) leaves no stage of class action...more

The Eleventh Circuit Holds CAFA’s Local Controversy Provision Does Not Preclude The Exercise Of Federal Question Jurisdiction

Takeaway: The Class Action Fairness Act (“CAFA”) was enacted to broaden federal diversity jurisdiction over class actions. While CAFA’s local controversy provision requires district courts to “decline to exercise [diversity]...more

A Heartfelt Class Action

by Benesch on

Few class actions tug at the heart, but Blevins v. Aksut does. Elizabeth Blevins and 180 others brought a class action in Alabama state court against Seydi V. Aksut, M.D., alleging that “after an examination, Doctor...more

Judge Neil Gorsuch Lightens the Burden for Proving “Amount in Controversy” for Federal Jurisdiction

by Burr & Forman on

When is a postage stamp like a lottery ticket? When purchased from Stamps.com according to one of its customers. Elizabeth Hammond of New Mexico filed a class action, seeking to recover the sum of $31.98 each on behalf of...more

Proposed Class Action Fairness Act Could Negatively Affect Institutions’ Securities Class Action Recovery

Recently introduced legislation pending before the U.S. House of Representatives attempts to make wide-sweeping reforms to the procedural rules governing class actions and, if implemented, could permanently alter the class...more

Proposed Fairness in Class Action Litigation Act of 2017 Seeks to Curb Attorney Abuses of Class Action Device and Expand Class...

by K&L Gates LLP on

On February 9, 2017, Rep. Robert Goodlatte (R-Va.), the Chairman of the House Judiciary Committee, introduced the Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”). The Act significantly expands the...more

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