News & Analysis as of

Class Action Class Certification

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.

From Mass to Class: Freeman v. Grain Processing Corporation

by McGuireWoods LLP on

Over the past two decades, large agricultural operations have become a popular target for plaintiffs’ attorneys. Bringing claims under common law causes of action like negligence, trespass, and especially nuisance based on...more

Plaintiffs’ Securities Claims Denied Class Treatment for Failure to Satisfy Predominance Requirement

by Benesch on

On May 15, 2017, the United States District Court for the Southern District of New York denied class treatment to a proposed class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934. In its...more

Class Action Reform and the “Fairness in Class Action Act”

by Foley & Lardner LLP on

While the Congressional legislative agenda has taken a back seat in the headlines lately, the fact remains that there still is an agenda, and it includes class action reform....more

Will the Supreme Court Address the Growing Uncertainty in Class Certification Injury Standards?

by BakerHostetler on

Recent years have seen some upheaval in the lower courts on whether classes may be certified when they include members who lack actual injury. So far, however, the Supreme Court has declined to address this issue, thus...more

Meanwhile, In Class Action Scholarship …

by McGuireWoods LLP on

Despite my best intentions, I have not been posting here as often as I would like in the past few months. But that does not mean that I have not been reading. So, in lieu of a long-winded analysis of some new tactic, trend,...more

Employers Face Increased Risk Of FMLA Class Actions As Court Holds That FMLA Claims Are Appropriate For Class Certification Under...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision has added to the chorus of courts recognizing that FMLA class actions must be pursued under Rule 23 and are often appropriate for class certification. As a practical matter, this means...more

Battle of the Experts on Class Certification: A Win for Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal affirmed a denial of class certification on the ground that the plaintiff’s expert report failed to establish claims could be determined on common evidence. The ruling...more

Veterans’ Claims Move to the Head of the Class

by Carlton Fields on

In an issue of first impression, the United States Court of Appeals for the Federal Circuit addressed whether the Court of Appeals for Veterans Claims (“Veterans Court”) has the authority to certify class actions. ...more

Federal Circuit Court of Appeals Puts the Class in Class Actions

by Benesch on

The Federal Circuit Court of Appeals is best known for adjudicating patent disputes. But that’s not the extent of its portfolio. It also has exclusive appellate jurisdiction over decisions of the United States Court of...more

Too Personal To Proceed: Personal Bankers’ Certification Bid Bounced Again

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit recently upheld a district court order denying a bid for class certification by personal bankers claiming their managers refused to approve timesheets with overtime hours, shaved...more

North Carolina General Assembly Strengthens Appeal Rights for Defendants Who Receive Adverse Class Certification Decisions

Background. On April 26, 2017, the North Carolina General Assembly overrode a gubernatorial veto to enact N.C. Session Law ch. 2017-7 (formerly HB-239) (the “Act”). The Act arose from a power struggle between the state’s...more

“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

by Foley & Lardner LLP on

On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line...more

An Offer You Can Refuse

by Carlton Fields on

The Second Circuit Court of Appeals recently confronted (again) a situation where a defendant made an offer of judgment to the putative class representative to provide all of the relief available to the individual plaintiff....more

Challenging Limited Issue Class Actions

by Foley & Lardner LLP on

A class action that aggregates the claims of individual plaintiffs against a common defendant can promote judicial economy and maximize efficiency. However, even the pursuit of class certification can promote abuse. In the...more

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Fraud Class Action

House Passes Fairness in Class Action Litigation Act of 2017 H.R.985 — 115th Congress - In March 2017, the House passed the Fairness in Class Action Litigation Act of 2017 by a vote of 220-201....more

High Time for the Supreme Court to Review Ascertainability in Class Actions

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never...more

Court Dismisses California Class Action Due to Limited California Nexus

by BakerHostetler on

It is no secret that California is a desired and favorable forum for class action litigation. It is therefore not surprising that plaintiffs might try to take advantage of that forum even when the connection between...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

D.C. Court Certifies Three Classes In Race Discrimination Class Action Involving Criminal Background Policy

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a class action alleging that the criminal background policy of Washington D.C.’s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three...more

Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among...

The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more

Year in Review: Some Positive Developments for Pharmaceutical Class Actions in Canada

The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. In...more

Game On: Supreme Court to Decide Whether Xbox Plaintiffs Can Create Appellate Review

by BakerHostetler on

Recently, the United States Supreme Court heard argument in Microsoft Corp. v. Baker, a case that may significantly impact class-action defense and appellate jurisdiction. Plaintiff classes frequently want to immediately...more

Court Uses Novel Issue Certification Device To Sidestep Individualized Issues Otherwise Precluding Class Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A group of female truck drivers sued their employer for policies allegedly resulting in a hostile work environment for and retaliation against women who complained of sexual harassment on the job. Under...more

Rite Aid Beats TCPA Lawsuit Over Flu Shot Reminder Prerecorded Calls

A group of Rite Aid customers sued Rite Aid in December of 2014 for alleged violations of the Telephone Consumer Protection Act when it sent flu shot reminders to consumer’s cellphones without written consent....more

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