News & Analysis as of

Class Action Class Certification Class Members

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.
Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

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The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

Robinson Bradshaw

When Does American Pipe Tolling End?

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Under the American Pipe doctrine, the commencement of a class action tolls the statute of limitations for absent class members. American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554 (1974). The intent of this rule is to...more

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

Kilpatrick

Oklahoma federal judge stays class notice but declines to stay summary judgment briefing based on defendant’s Rule 23(f) petition...

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A federal judge in Oklahoma recently stayed class proceedings, including the distribution of class notice, but declined to stay summary judgment briefing pending a ruling on the defendant’s petition to the Tenth Circuit for...more

Carr Maloney P.C.

Google Advertisement Privacy Case Gets Denied Its Certification Bid

Carr Maloney P.C. on

On April 4, 2024, the United States District Court for the Northern District of California denied the certification of a class action lawsuit from potentially tens of millions of Google account holders against Google....more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Robinson Bradshaw

Both Car and Class Totaled?

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One of the key issues at class certification is whether plaintiffs have met their burden to establish commonality and predominance: that “questions of law or fact common to class members predominate over any questions...more

Robinson+Cole Class Actions Insider

Can a Class Member Intervene After Class Certification Is Denied? Sixth Circuit Says No.

When class certification is denied because the named plaintiff’s claim fails for some reason, sometimes an absent class member will try to intervene rather than filing their own separate suit. Their goal is usually to attempt...more

Kilpatrick

Recent Class Action Developments: Third Quarter 2023

Kilpatrick on

The third quarter of 2023 was relatively quiet, but we did see opinions addressing mootness, standing, and interpretations of Federal Rule 23(c)(4) and (f)....more

Robinson+Cole Class Actions Insider

Liability vs. Damages in Class Certification Analysis Addressed by Fifth Circuit

In analyzing class certification issues, courts have said that common issues may predominate in some cases even though damages would have to be determined individually for each class member. But what about where some class...more

Alston & Bird

Class Action & MDL Roundup 2023 Q2 – Ascertainability Lives!

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2023. In this edition, essential oils may need therapy, an ever-growing library goes nowhere, and one...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2023

Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more

Kilpatrick

The Ninth Circuit chips away at arbitration through waiver, ruling that waiver does not require a “heavy” showing and that a...

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Takeaway: The Ninth Circuit ruled that a defendant can waive its right to compel absent class members to arbitrate by failing to assert that right early in class litigation—even if there is no arbitration agreement with the...more

Kilpatrick

Recent developments in ascertainability, uninjured class members, and other class action issues in the second quarter of 2023

Kilpatrick on

Several appellate decisions addressed the “implicit” class action requirement of ascertainability during the second quarter of 2023, with the Third, Tenth and D.C. Circuits weighing in. Meanwhile, the Fifth Circuit maintained...more

Alston & Bird

Class Action & MDL Roundup 2023 Q1 – We Don’t Discount Confidentiality

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2023. In this edition, in pork we antitrust, paid time off is not pay, and if it’s free, it won’t cost...more

Kilpatrick

Sixth Circuit solidifies circuit split by rejecting “juridical link” exception to class action standing

Kilpatrick on

Takeaway: Federal Rule 23 authorizes representative litigation in the form of class actions that satisfy its various requirements. The policy underlying the rule is efficiency. For example, the numerosity element (Rule...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published April 2023

Fail-Safe Class Definition. The District of Columbia Circuit reversed a district court’s denial of a class action on the grounds the plaintiffs had proposed an impermissible “fail safe” class—i.e., a class definition for...more

Pierce Atwood LLP

New England and First Circuit Class Action Tracker

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Pierce Atwood's Class Action Defense group is pleased to present this New England and First Circuit Class Action Tracker, which focuses on the filings and decisions in state and federal courts within the boundaries of the...more

Robinson Bradshaw

Fail-Safe Classes Are Fundamental

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Last month, the D.C. Circuit deepened a circuit split on the issue of fail-safe classes. The decision, In re White, 64 F.4th 302 (D.C. Cir. 2023), rejected a categorical rule against all fail-safe classes in favor of a...more

Carlton Fields

Carlton Fields Class Action Survey - 2023

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Carlton Fields is pleased to share its 12th annual Class Action Survey, which provides an overview of important issues and practices related to class action matters and management. This annual publication reports on...more

Morgan Lewis

Trends in Automotive Class Actions

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As the types of automotive class actions continue to evolve, so too do class action trends and developments. Morgan Lewis lawyers detail below some of the hot topics in automobile class action litigation, such as personal...more

Robinson Bradshaw

Does Due Process Limit Aggregate Statutory Damages in Class Actions?

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Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid issues of individualized...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reiterates That Individualized Defenses Matter When Deciding Class Certification

A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification. In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Individualized Issues And Secret Proceedings

This week, the Court addresses when individualized issues may preclude class certification, and considers the public’s right of access to court proceedings seeking third-party assistance with criminal investigations. The...more

Manatt, Phelps & Phillips, LLP

Wit Redux: Ninth Circuit Issues New Superseding Opinion in Landmark Mental Health Case

The Ninth Circuit has issued a new opinion in the long-running Wit v. United Behavioral Health litigation that changes the legal landscape for ERISA class actions. The Ninth Circuit’s opinion includes significant holdings on...more

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