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.
News & Analysis as of

November 2016 Independent Contractor Misclassification and Compliance News Update

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

Divergent Views on Class Discovery

In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies....more

Opt Ins are Out (of Luck) Appealing Decertification

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

Trumpian Logic Fails in Recent Pharma Class Action Decision

Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. Justice Perell's recent decision in...more

Courts to Consider Theories, Not Facts, on Certification

Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more

Immediate Relief: Application for Certification of B.C. Cold-Fx Class Action Dismissed

The British Columbia Supreme Court recently dismissed an application for certification of a class action regarding the cold and flu product Cold-Fx in Harrison v. Afexa Life Sciences Inc. (Harrison). The plaintiff alleged...more

Newsfeeds and Notice – How Social Networks Might Affect Class Action Litigation

The resources from which people obtain, and choose to obtain, information have changed dramatically. A recent and highly publicized discussion of how information is exchanged might be the so-called filter bubble that many...more

More “Natural” Labeling Litigations to Come?

Last month, the Ninth Circuit Court of Appeals revered (in part) a lower court decision finding that Dole’s “all natural” labeling was not deceptive to consumers – reviving a four-year-old litigation, Brazil v. Dole Packaged...more

Tyson Foods and Statistical Adjudication

This past Supreme Court Term included several closely-watched cases. One of the most studied was Tyson Foods v. Bouaphakeo, in which the Court identified at least one area of class action litigation where using statistical...more

Class Action Report - October 2016

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant...more

Recent Insurer Victories in Indexed Annuity Class Actions

Recent federal court decisions effectively terminated two class action lawsuits challenging indexed annuity sales, seemingly ending an extended wave of class litigation in the federal courts against multiple insurers...more

Class Action Age Discrimination Case Against Google Moves Forward

A software developer in California recently prevailed in a key ruling regarding her lawsuit against Google. The developer, Cheryl Fillekes, originally brought a suit against the multinational technology company in 2015,...more

Coming Up This Term from SCOTUS

One class action-related case, so far: Microsoft v. Baker, case no. 15-457, on certiorari from the Ninth Circuit. The issue: “Whether a federal court of appeals has jurisdiction under both Article III and 28 U.S.C. § 1291...more

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

"The Class Action Chronicle - Fall 2016"

This is the 13th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Defending Class Actions in 2016

I thought readers might find helpful some broader observations on strategies for defending class actions in 2016... Dig in Deep Early: Some defense counsel are accustomed to the practice of filing a motion to dismiss...more

De-certifiably Natural – Ninth Circuit Finds “All Natural” Label May be Misleading While Upholding Class Decertification

The Ninth Circuit Court of Appeals recently reversed in part and affirmed in part a Northern District of California ruling concerning the “All Natural Fruit” labeling on Dole’s packaged fruit products. Brazil v. Dole Packaged...more

Does the Recent Fifth Circuit En Banc Opinion Revitalize Class Actions?

The Fifth Circuit recently reversed a published panel opinion (805 F.3d 145) and affirmed a trial court’s certification of a class of individuals who paid money to become sales representatives in what is alleged to be a...more

In a Groundbreaking Decision, Third Circuit Provides Framework for Evaluating Numerosity

One of the least disputed elements of class certification is Rule 23(a)(1) numerosity, and so there is relatively little analysis from the courts about it. Last month, however, a divided panel of the Third Circuit provided a...more

District Court Adopts “Weak” Test of Ascertainability, Certifies Class of Corn Producers in Suit Against Syngenta over...

A District Court in Kansas added to an increasing debate in the federal courts over class ascertainability when it certified a class of 440,000 U.S. corn producers in a suit against Swiss global agribusiness Syngenta AG...more

Class Action Quarterly Update - Summer 2016

The summer of 2016 saw continued trends in class action filings. Telephone Consumer Protection Act (TCPA) cases continued to be rampant, with multiple cases being filed daily on a national scale. Most were generally directed...more

Ninth Circuit: Food Manufacturers May be Liable for Misleading Consumers if They Label Foods Containing Synthetic Citric and...

On September 30, the Ninth Circuit Court of Appeals reversed in part a district court decision granting summary judgment to Dole Packaged Foods, LLC (“Dole”), finding that a reasonable fact finder could conclude that Dole’s...more

Third Circuit Applies Presumption of Timeliness to Pre-Certification Motion to Intervene as Class Representative

This case concerned a federal antitrust class action involving a proposed class of Class 8 truck purchasers who alleged a conspiracy by several truck transmission suppliers and manufacturers to raise prices by eliminating...more

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