News & Analysis as of

Comcast v. Behrend

Using Expert Testimony To Establish Class-Wide Damages For Partial Refund Or Reimbursement Claims

Takeaway: Following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), class action defendants frequently have argued damages cannot be established on a class-wide basis. Conversely,...more

Noodle This! The Yin and Yang of Two Courts, Two Antitrust Cases, Two Class Certification Motions, Two Daubert Challenges, Two...

by Carlton Fields on

Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one...more

The Gorsuch Nomination: The Return of the Business Friendly Court?

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

The Story Behind Class Certification Statistics In 2016 And What It Means For Employers

by Seyfarth Shaw LLP on

In the third post of our series on workplace class action issues, this blog posting focuses on the statistical study of class certification rulings throughout the Unites States in 2016. Not unlike real estate, location – in...more

The U.S. Supreme Court And Workplace Class Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

The Future of Standing in Data Breach Class Actions

by Carlton Fields on

In today’s world, as technology costs decrease and personal information becomes more valuable on the black market, data breaches have seemingly joined the ranks of death and taxes as certainties. Add to that litigation:...more

Ninth Circuit Puts the Brakes on Chrysler Class Action

by Benesch on

On October 24, 2016, the Ninth Circuit Court of Appeals reversed a district court’s certification of a class against Chrysler Group (“Chrysler”) under the California Consumers Legal Remedies Act. Because the plaintiff could...more

Ninth Circuit Confirms Brazil v. Dole Decertification Due to Faulty Damages Model

In Brazil v. Dole, No. 14-17480 (9th Cir. Sept. 30, 2016), the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part three different orders issued by the U.S. District Court for the...more

Third Circuit Creates Framework for Analyzing Numerosity

by Carlton Fields on

The Third Circuit recently vacated class certification, granted by the Eastern District of Pennsylvania after nearly a decade of litigation, in an antitrust case alleging that a pharmaceutical company entered into agreements...more

Class Decertification: Delayed Gratification or Justice Denied?

by McGuireWoods LLP on

Ah, class decertification in district court…the rarely glimpsed, late-harvest victory that comparatively few class action defense counsel can claim to have tasted. U.S. District Judge Charles Breyer of the Northern District...more

The Issues with Issue Certification

by McGuireWoods LLP on

Rule 23(c)(4) has been been placed under a microscope in the past few years, largely because of the judicial response to the Supreme Court’s Comcast Corp. v. Behrend opinion, and the Rules Advisory Committee’s subsequent...more

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

by Carlton Fields on

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

For Want of a Damages Model, Certification Was Lost

by Carlton Fields on

Khasin v. R. C. Bigelow, Inc., No. 12-CV-02204-WHO, 2016 WL 1213767 (N.D. Cal. Mar. 29, 2016), provides a recent example of a class-certification denial premised on the “damages model” rule expressed in Comcast Corp. v....more

Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”

by Kelley Drye & Warren LLP on

Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and found that...more

Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions

by Kelley Drye & Warren LLP on

In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that may now...more

Supreme Court Affirms Class Certification and Judgment Predicated upon "Representative Evidence"

On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more

U.S. Supreme Court Decision In Tyson Allows Narrow Use Of Statistical Sampling Evidence In Class Actions

The Supreme Court affirmed a $2.9 million jury verdict in favor of a class of employees and against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, slip op., 2016 WL 1092414 (Mar. 22, 2016). Although the key issues...more

How Justice Scalia's Death Could Have Profound Reverberations for Employers

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

Barclays Bids to Halt High-Frequency Trading Class Action in Its Tracks

by BakerHostetler on

A high-profile class action against Barclays over so-called high-frequency trading is heading into a key phase this month, with the court set to decide plaintiffs’ motion for class certification—a pivotal moment in the case’s...more

Comcast and its Discontents

by Pierce Atwood LLP on

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

Ninth Circuit Holds District Court Erred In Denying Certification To Class Of Google Advertisers

by Carlton Fields on

A Ninth Circuit panel reversed a district court’s order denying certification of a putative nationwide class of internet advertisers, holding that the district court erred in finding that plaintiff failed to satisfy Rule...more

The Future Of ERISA Litigation — Sleeper Supreme Court Case Worth Watching — Part II

by Seyfarth Shaw LLP on

On May 12, 2015, we reported at here on a non-ERISA case accepted for review by the Supreme Court in the 2015-16 Supreme Court Term that has ERISA Litigation implications. Now, as that Term is set to begin on October 5,...more

Litigating California Wage & Hour and Labor Code Class Actions

by Seyfarth Shaw LLP on

We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

Plaintiffs Fold on Their Full Tilt Poker Actions Following Court’s Rejection of Class Certification and Proposed Settlement

by BakerHostetler on

The plaintiffs in three actions against entities and individuals involved in the Full Tilt Poker Internet gambling operation dismissed their claims without prejudice in the U.S. District Court for the Southern District of New...more

[Webinar] Strategies for Class Action Defense: Four Key Developments - Sept. 9th, 12:00pm EDT

by BakerHostetler on

Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more

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