News & Analysis as of

Class Action Class Certification Attorney's Fees

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.
Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published June 2023

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published February 2023

Arbitration. The Ninth Circuit held Xerox waived its right to compel arbitration against putative class members when it acted inconsistently with its right to arbitrate prior to class certification in litigation against a...more

Foley & Lardner LLP

“How to Lose a Class Action Settlement in 10 Ways” – Recent Decisions Reflect a Trend of Applying Greater Scrutiny to Attorneys’...

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Last month, the Ninth Circuit struck down a district court’s order approving a class settlement and awarding nearly $7 million in attorneys’ fees to class counsel in a consumer class action challenging the defendant’s...more

Dechert LLP

Ninth Circuit: Class Action Settlement Not “All Right, All Right, All Right”

Dechert LLP on

Key Takeaways - The Ninth Circuit holds that, following changes to Rule 23(e), the Bluetooth factors for fairness of pre-certification class action settlements also apply to post-certification settlements....more

Pierce Atwood LLP

What’s So Different About Class Action Mediation?

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The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more

Seyfarth Shaw LLP

The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

Seyfarth Shaw LLP on

Seyfarth Synopsis: Incentive awards for class representatives are impermissible, according to a ground-breaking decision last week by the U.S. Court of Appeals for the Eleventh Circuit. Though not an employment case, the...more

Seyfarth Shaw LLP

Eleventh Circuit Ends “Routine” Practice of Awarding Incentive Payments to Named Class Representatives

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It is not atypical for class actions to be brought seeking damages that can be characterized as nominal in nature. An oftentimes powerful incentive for potential class representatives to put their names on a putative class...more

Seyfarth Shaw LLP

Mooting Monster Class Actions: Illinois Supreme Court Decision Provides Framework For Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis:  The Illinois Supreme Court recently affirmed a state appellate court’s holding that in class action lawsuits, an effective tender made before a named plaintiff files a class certification motion satisfies...more

Robinson+Cole Class Actions Insider

Tendering Full Relief to Moot a Class Action: It’s Still Possible in Illinois

When a business is sued in a proposed class action and there is only a small amount at stake on the named plaintiff’s claim, often one of the first thoughts that comes to mind is: can’t we just pay the full value of the named...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

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Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Robinson+Cole Class Actions Insider

Superiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class Certification

A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reverses Class Action Settlement Based on Notice Concerns and Insufficient Scrutiny

Class action settlements are complicated. They often take months to negotiate. The last thing the lawyers or their clients on either side want to happen is for the trial court to deny approval or, even worse, for an appellate...more

Womble Bond Dickinson

Ruling Denying TCPA Class Certification Highlights What’s Wrong with the System

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One of the biggest problems with the TCPA is how quickly a single call or text message can become the catalyst of a massive, and expensive nationwide class action creating significant exposure to any business caught in its...more

Proskauer Rose LLP

Three Point Shot - June 2019

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Vedder Price

TCPA Case Law Review (Vol. 4)

Vedder Price on

If you have seen members of the TCPA plaintiffs’ bar sweating a bit more than usual lately, it’s not just the summer heat—they’re probably concerned about the steady stream of positive cases for the defense bar over the past...more

Vedder Price

TCPA Case Law Review (Vol. 3)

Vedder Price on

The TCPA continues to generate significant case law nationwide. Since our last published update on June 5, 2018, there have been several significant decisions that all TCPA defense practitioners should be aware of. As always,...more

Fisher Phillips

New Trend In Accessibility Lawsuits: The Class Action Complaint

Fisher Phillips on

Most retailers have by now faced a Title III lawsuit under the Americans with Disabilities Act (ADA) contending that a store is not accessible to disabled individuals. There remains a plethora of attorneys who make a living...more

Foley & Lardner LLP

A Primer: Wisconsin's New Class Action Statute

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The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Mintz - Securities Litigation Viewpoints

Petrobras Court’s Denial of Plaintiffs’ Request for Confidential Treatment of Opt-Out Provisions Could Undermine the Settlement...

On Tuesday, February 6, 2018, United States District Judge Jed S. Rakoff denied class counsel’s request to file under seal three supplemental agreements to a $2.95 billion settlement in the Petrobras Securities Litigation,...more

Bennett Jones LLP

Certification an Even Lower Bar Against Lawyers

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The decision of the Ontario Court of Appeal in Hodge v Neinstein, 2017 ONCA 494 [Hodge], released on June 15, 2017, was surprising with respect to its treatment of the balance between common and individual issues in a class...more

Proskauer - California Employment Law

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Moore & Van Allen PLLC

Congressional Overhaul of Class Action Procedure Pending Senate Consideration

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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

McGuireWoods LLP

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

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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

Polsinelli

Senate to Debate Fairness in Class Action Litigation Act

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A piece of federal legislation reflects a significant effort by Congress to curb perceived abuses of the federal class action procedure. The legislation is the Fairness in Class Action Litigation Act of 2017 – on March 9...more

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