News & Analysis as of

Class Members

Orrick, Herrington & Sutcliffe LLP

District Court grants preliminary approval of $1.5M class action settlement for insurance company data breach

On August 27, the U.S. District Court for the Eastern District of North Carolina granted a plaintiff’s unopposed motion for preliminary approval of a class action settlement related to an insurance company’s data breach that...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

Mintz

District Court Denies Class Cert in TCPA Suit on Ascertainability Grounds

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In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff...more

Clark Hill PLC

Right To Know - July 2024, Vol. 19

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Blake, Cassels & Graydon LLP

Quebec Court of Appeal: Voluntary Refund Program Insufficient to Prevent Class Action Authorization

In an appellate ruling in Lachaine v. Air Transat AT inc. (Air Transat), the Quebec Court of Appeal (QCA) authorized a class action that claimed a refund from various airlines (Respondents) after airplane tickets and travel...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

Jones Day

Rising Fraudulent Claims Submitted to Class Action Settlement Funds Heighten Settlement Risk

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Consumers frequently receive only a paltry fraction of class action settlement funds, which are instead doled out to plaintiffs’ lawyers, cy pres recipients, and administrators. Now this problem is compounded by a recent...more

Fox Rothschild LLP

New Deadlines for Phase One Class Members in the AFFF Multi-District Litigation

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The U.S. District Court for the District of South Carolina approved two major settlements in the multidistrict litigation (“MDL”) that consolidated thousands of cases related to per- and polyfluoroalkyl substances (“PFAS”)...more

Carlton Fields

11th Circuit: Another GoDaddy TCPA Class Settlement Is a No-Go

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In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement....more

Robinson+Cole Class Actions Insider

Eleventh Circuit Provides New Guidance on Class Action Settlements

Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more

Carr Maloney P.C.

Google Advertisement Privacy Case Gets Denied Its Certification Bid

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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

Robinson+Cole Data Privacy + Security Insider

Convergent Outsourcing Settles Data Breach Class Action for $2.45 Million

Convergent Outsourcing Inc., a debt-collection agency, settled a data breach class action in the U.S. District Court for the Western District of Washington for $2.45 million. The class action suit against Convergent alleged...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

Class Action Fairness Act (CAFA) Local Controversy Exception Is Narrower Than You Might Think, According to the Fifth Circuit

Think twice about whether the Class Action Fairness Act’s “local controversy” exception applies to your case. Even if more than two-thirds of the proposed class members are citizens of the forum state, there is a significant...more

Hall Benefits Law

Sprint, Former Employees Urge Kansas Federal Court to Approve $3.5M Deal to Resolve Benefit Calculation Suit

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Three former Sprint Communications employees asked a Kansas federal court to approve its multimillion-dollar proposed class action against Sprint, which the parties reached through mediation. According to the former...more

Troutman Pepper

Fourth Circuit Denies Class Certification Based on Lack of Ascertainability Due to Online Fax Services Being Outside TCPA’s...

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In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA)...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

Robinson Bradshaw

Standing vs. Typicality in Class Actions: Blurry Lines and a Split of Authority

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In general, a litigant cannot sue for another person’s injury. In that circumstance, the litigant has no “standing” to pursue those claims. But Rule 23 — at least in a broad sense — allows a class representative to assert...more

Kilpatrick

Recent Class Action Developments: Third Quarter 2023

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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!

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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

Kilpatrick

Second Circuit: presumption of fairness no longer applies to class settlements negotiated at arm’s length

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Takeaway:  When evaluating the fairness of a proposed class settlement, Federal Rule 23(e)(2) requires a district court to take into account, among other considerations, the terms of any proposed award of attorneys’ fees and...more

Morris James LLP

Chancery Orders Discovery Record Be Made Available to Stockholders in the Settlement Class

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In re AMC Entertainment Hldgs., Inc. S’holder Litig., 2023-0215-MTZ (Del. Ch. May 20, 2023) - Under Delaware law, class members are entitled to access to the discovery record to assess the terms of a proposed class action...more

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