News & Analysis as of

Class Certification

Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

by Jones Day on

In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more

Judges Refuse Certification of Off-the-clock Wage and Hour Cases

by BakerHostetler on

The Northern District of Illinois has now either decertified or refused to certify two “off the clock” cases involving hourly workers at O’Hare Airport. Neither case involves O’Hare employees per se, but both involve large...more

Posner Pounces on Class of “Dissatisfied” Eye Drop Purchasers

by McGuireWoods LLP on

Raleigh-based litigator Joan Dinsmore brings us a discussion of yet another memorable opinion by Seventh Circuit Judge Richard Posner. Earlier this year, the United States Court of Appeals for the Seventh Circuit refused...more

Caffeine Crash: Court Denies Class Certification for Consumers Contesting Caffeine Content

by Reed Smith on

A United States district court recently tossed a certification bid by a putative class of consumers who alleged that popular energy-shot, 5-Hour Energy, deceptively marketed its effectiveness. The action arises out of what...more

Seventh Circuit Rejects Rule 67 Mootness Argument But Keeps Campbell-Ewald Full Deposit Maneuver Alive

by Dorsey & Whitney LLP on

Rien n’est eternel. Nothing lasts forever. In TCPAland, things don’t even last a week. Just days after a Chicago district court endorsed the tactic in A Custom Heating & Air Conditioning, Inc. v. Kabbage, Inc., 2017 U.S....more

Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification

The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more

Employment Law - June 2017 #2

Class Certification Denial Reversed in Wake of Augustus - Why it matters - Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial...more

Supreme Court Rejects Creative Dismissal Strategy To Engineer Appellate Review Of Order Denying Class Certification

Takeaway: The United States Supreme Court has rejected a tactic used by the plaintiffs’ bar to obtain appellate court review of an order denying class certification despite a settlement of the named plaintiffs’ claims....more

Appellate Jurisdiction over Class Certification Denials: Microsoft v. Baker

Facts - On June 12, 2017, in Microsoft Corporation v. Baker, the U.S. Supreme Court unanimously held that federal courts of appeals lack jurisdiction to review orders striking class allegations after the named plaintiffs...more

Supreme Court Confirms Plaintiffs Cannot Manufacture Appellate Jurisdiction Over Class Certification Denials

by King & Spalding on

On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker. Baker resolves a Circuit split concerning whether a plaintiff, after losing a class certification battle, can effectively manufacture...more

Plaintiffs’ Voluntary Dismissal Does Not Transform Denial of Class Certification into an Appealable Final Judgment 

The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more

US Supreme Court: class action plaintiffs cannot voluntarily dismiss claims in effort to appeal denial of class certification

by DLA Piper on

In a significant victory for class action defendants, whose success often depends on whether a class is certified, the US Supreme Court has ruled that federal courts of appeals lack jurisdiction under 28 USC §1291 to review...more

Court Declines to Certify Class in False Advertising Case Without Survey Evidence of a Common Consumer Definition

On June 7, 2017, a Central District Court of California declined to certify a class of consumers who alleged that 5-Hour Energy’s marketing of an energy drink was misleading, finding that individual factual questions...more

Game Over – SCOTUS Holds a Voluntary Dismissal With Prejudice Is Not a Viable Means to Appeal a Denial of Class Certification

by Carlton Fields on

A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the maker of the popular Xbox...more

Next Stop the Supreme Court?: Circuit Court Extends American Pipe Tolling to Preserve Class Claims

by Carlton Fields on

The Ninth Circuit recently held that plaintiffs whose claims were tolled during the pendency of two class actions were not time-barred from bringing a third related putative class action when the first two classes were not...more

Supreme Court Slams the Back Door Around Rule 23(f) in Microsoft v. Baker

Introduction. On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al., a closely watched case in the class action world, and one on which we previously reported here. Baker presented the...more

Class Certification Denied in TCPA Fax Class Action Due to Dishonesty

by Klein Moynihan Turco LLP on

On June 2, 2017, the United States District Court for the Northern District of Illinois denied class certification in a Telephone Consumer Protection Act (“TCPA”) putative class action. In doing so, the district judge chided...more

Supreme Court: Dismissal Tactic to Appeal Class Certification Denial Is Invalid

by Morgan Lewis on

In a much-anticipated decision, the US Supreme Court held in an 8-0 vote that plaintiffs cannot confer upon themselves a right to appeal class action denials simply by dismissing actions following the denial of class...more

Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification

The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more

Supreme Court Says No to Appellate Gamesmanship

by McGuireWoods LLP on

Washington, DC-based litigator James Freije brings us an analysis of the Supreme Court’s latest class certification decision. Resolving a current split amongst multiple federal circuits, the United States Supreme Court...more

Supreme Court Says No to Appellate Gamesmanship

by McGuireWoods LLP on

Washington, DC-based litigator James Freije brings us an analysis of the Supreme Court’s latest class certification decision. Resolving a current split amongst multiple federal circuits, the United States Supreme Court...more

Supreme Court Limits Review Of Certification Denials

by BakerHostetler on

One of the difficulties of class action litigation that continues to vex employers is the frequent inability to obtain meaningful review of certification decisions. Because, the reasoning goes, certification orders are...more

Class Action Plaintiffs In The Ninth Circuit Can No Longer Obtain Immediate Appellate Review Of Orders Denying Class Certification

The U.S. Supreme Court has closed a loophole that class action plaintiffs in the Ninth Circuit had been exploiting to obtain immediate appellate review of a district court’s denial of class certification. The decision –...more

Supreme Court Rejects Plaintiffs' Tactic for Appealing Class Certification Denials

by Fenwick & West LLP on

The U.S. Supreme Court issued a unanimous 8-0 opinion in Microsoft Corp. v. Baker, reversing the U.S. Court of Appeals for the Ninth Circuit and holding that federal courts lack jurisdiction under 28 U.S.C. § 1291 to hear the...more

Supreme Court Blocks Plaintiffs From Taking Shortcuts In Class Action Cases

by Fisher Phillips on

The Supreme Court unanimously held today that plaintiffs cannot immediately appeal a federal court’s denial of class certification when the named plaintiffs voluntarily dismiss their claims following the denial of class...more

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