Class Certification

News & Analysis as of

Loan Modification Differences Continue to Preclude Class Certification

Last month, the United States District Court for the Eastern District of California issued the latest in a string of decisions denying class certification in cases of alleged misconduct regarding residential mortgage loan...more

U.S. Court Certifies Classes in Petrobras Securities Litigation

The United States District Court for the Southern District of New York yesterday certified two classes of investors who had purchased Petrobras securities on U.S. exchanges or in other U.S. transactions. The February 2, 2016...more

Seventh Circuit Weighs In On One-Way Intervention

Does plaintiff’s contemporaneous filing of a motion for summary judgment and a motion for class certification violate the rule against one-way intervention? In Costello, plaintiff filed his motions for summary judgment and...more

Court Certifies Title VII Discrimination Case Based On Discretionary Decision-Making

In Rollins v. Traylor Brothers, Case No. 14-CV-1414 (W.D. Wash. Jan. 21, 2016), Judge John Coughenour of the U.S. District Court for the Western District of Washington certified the claims of a class of workers alleging...more

Your daily dose of financial news The Brief – 2.3.16

In what would be the largest acquisition of a foreign corporation ever, state-owned ChemChina is nearing a deal to purchase Switzerland’s Syngenta (besting US-based Monsanto’s overtures to do the same). The deal could help...more

Ninth Circuit Affirms Denial of TCPA Class Cert. On Predominance/Ascertainability Grounds

On January 12, 2016, the Ninth Circuit affirmed the denial of class cert. in a Telephone Consumer Protection Act (TCPA), 47 USC 227 action on  predominance and superiority grounds in the case Paul Gannon v. Network Telephone...more

Less Than Half of 2014 Virginia Consumer Protection Cases Receive Class Treatment: A Review of Virginia Consumer Class Action...

In 2014, twenty (20) cases were filed in Virginia seeking to redress alleged violations of various consumer protection statutes on a class-wide basis. Most of these cases were concluded in 2015 without the certification of a...more

No Party for IRS: Court Certifies Class of Conservative Nonprofits

If you thought that the political controversy over alleged IRS targeting of Tea Party organizations was confined to the media, think again – the issue has reached the courts. The Southern District of Ohio recently granted...more

Labor & Employment in 2016: Issues to Watch in the New Year

This year is shaping up to be a dynamic one in labor and employment law. From changes to minimum wage and overtime protections to large-scale Equal Employment Opportunity Commission (“EEOC”) investigations, here’s an outline...more

Lifting the Weight: Conditional Certification Denied for Personal Trainers Claiming Off-the-Clock Work

Last week, a federal judge in the Northern District of Illinois lifted the weight of collective action certification off Life Time Fitness, Inc. and refused to certify a proposed collective of more than 6,000 personal...more

Understanding the Risk and Defending Against Food-Borne Illness Class Action Litigation

Companies in the food and beverage industry are routinely confronted with false advertising claims making incredulous allegations. Recently, consumers claimed to be misled because “Froot Loops” has no real fruit and there are...more

Step by Step: Stricter Requirements for Class Certification Inch Closer to Legislative Enactment

Just over 10 years after the passage of the federal Class Action Fairness Act (“CAFA”), Congress is again considering further legislative reform to class action litigation. Among other reforms, CAFA opened additional avenues...more

Supreme Court Takes Away a Class Action Defense Tool That We Couldn’t Really Use Anyway

On January 20, 2016, the Supreme Court held in Campbell-Ewald Co. v. Gomez, No. 14-857 (U.S. Jan. 20, 2016), that when a defendant makes an offer to resolve the named plaintiff’s claim for full value, but the plaintiff turns...more

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

Supreme Court Decides Campbell-Ewald Co. v. Gomez

On January 20, 2016, the Supreme Court decided Campbell-Ewald Co. v. Gomez, holding that an unaccepted offer to satisfy a named plaintiff’s individual claim does not render a case moot. The Court also held that sovereign...more

U.S. Supreme Court Rules Pick-Off “Offer” to Class Representative Does Not Moot Claim, But Pick-Off “Payment” Might Succeed

“Picking-off” a named class representative is a class action defendant’s dream. Faced with a class action in which the named plaintiff seeks a small recovery on an individual basis but an enormous recovery on a class basis,...more

U.S. Supreme Court Rules Employers Cannot Avoid Class Actions By Offering Complete Relief to Plaintiffs

In a 5-3 decision, the United States Supreme Court affirmed the Ninth Circuit’s decision in Campbell-Ewald Co. v. Gomez, holding that an unaccepted settlement offer or offer of judgment providing for an individual plaintiff...more

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

The Fairness in Class Action Litigation Act of 2016 – What It Can Mean For Consumer Product Manufacturers

Last year, the chairman of the House Judiciary Committee, Bob Goodlatte (R. Va.), proposed the Fairness in Class Action Litigation Act of 2015-2016 (H.R. 1927). The Act passed the House last week on January 8, 2016, and is...more

Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing

On January 5, 2016, in Torrent v. Yakult U.S.A., Inc., U.S. District Court Judge Cormac J. Carney denied the plaintiff’s motion to certify a class of Yakult yogurt consumers who were allegedly misled by Yakult’s packaging and...more

TCPA Connect - January 2016

Manatt Defeats Motion for Class Certification in TCPA Complaint Against Network Telephone Services - A team of Manatt litigators secured a major victory for Network Telephone Services, Inc., on Jan. 12, 2016, in the U.S....more

Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016, Passes House and Heads to Senate

On January 8, the U.S. House of Representatives passed, by a 211-188 vote along party lines, H.R. 1927, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016. The bill would amend U.S....more

"Insights Conversations: Securities Litigation"

From the impacts of U.S. Supreme Court Omnicare and Halliburton cases to the uptick in Securities Act class actions, litigation partners Scott Musoff and Susan Saltzstein discuss the latest securities litigation developments....more

Ability to Offset Damages May Destroy Typicality, Ohio Fifth District Holds

In Safi v. Cent. Parking Sys. Ohio, Inc., 5th Dist. No. C-150021, 2015-Ohio-5274, the Ohio Court of Appeals for the Fifth District reversed the trial court’s order granting class certification for claims alleging, inter alia,...more

Certification Denials and Appellate Jurisdiction

Last Week, the Supreme Court granted certiorari in the Microsoft Xbox case to decide whether federal courts of appeals have jurisdiction to review orders denying class certification after named plaintiffs voluntarily dismiss...more

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