News & Analysis as of

Federal Rules of Civil Procedure FRCP 23

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

McDermott Will & Emery

A Practical Guide to the Undistributed Settlement Funds Problem and the Cy Pres Solution

When you finally reach an agreement to settle a hotly contested class action, you want more than anything for the court to approve your settlement agreement and for the case to be over. But, to get to the end of the case,...more

Goodwin

Eleventh Circuit Holds Administrative Feasibility is Not a Requirement for Class Certification

Goodwin on

On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to...more

BCLP

Third Circuit Adopts a Standard for Reevaluating an Initial Denial of Class Certifications

BCLP on

District courts within the Third Circuit have historically applied different standards when analyzing a renewed motion for class certification. The Third Circuit used the recently issued Hargrove v. Sleepy's LLC as an...more

Perkins Coie

Ninth Circuit Issues Favorable Class Action Ruling for Defendants

Perkins Coie on

The parties to class action litigation frequently contest whether plaintiffs are entitled to pre-certification discovery aimed at identifying additional or replacement class representatives. The U.S. Court of Appeals for the...more

Eversheds Sutherland (US) LLP

Passing the eye test - Defense strategies and the Biometric Information Privacy Act

As the use of biometric data continues to grow and become more prevalent across industries of all types and sizes, complying with data security and privacy laws has never been more critical or challenging. This is...more

Akin Gump Strauss Hauer & Feld LLP

A U.S.-Style Regime for Class Action Litigation Looms Large in the EU

Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more

Akin Gump Strauss Hauer & Feld LLP

An EU Approach to Class Action Litigation

• A U.S.-style class action regime looms large in the European Union. • The current draft legislation imports certain hallmarks of the system celebrated by U.S. plaintiffs’ lawyers, but there is uncertainty over what...more

Pillsbury Winthrop Shaw Pittman LLP

Wage Wars: Employee Class Actions and the Bankruptcy Proof of Claim Process

Rule 23 gains a toehold in certain bankruptcy proceedings. Generally impermissible until 1987, class action proofs of claim have increasingly been used by class creditors to their advantage. ...more

Jones Day

Department of Justice Increasingly Challenges Class Settlements

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The Situation: Under the Class Action Fairness Act, the Department of Justice may object to federal class action settlements it believes are unfair or inequitable to unnamed class members. The Result: In the past year,...more

Jones Day

Increased Scrutiny Means Increased Costs: Amended Rule 23 and Class Settlement Approval

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The Situation: Recently amended Federal Rule of Civil Procedure 23(e)(2) requires courts to analyze several factors in evaluating whether to approve class settlements. The Result: Class action settlements that would...more

Manatt, Phelps & Phillips, LLP

Class Action Changes: Understanding the Rule 23 Amendments

Editor’s Note: Healthcare organizations are increasingly prime targets for class actions. Below we briefly summarize the recent changes to Federal Rule of Civil Procedure 23 and their impact on class actions. ...more

White and Williams LLP

Revised Federal Rule Regarding Class-Wide Settlements

White and Williams LLP on

The United States Supreme Court recently approved and adopted amendments to Federal Rule of Civil Procedure 23 concerning class action practice as proposed by the Advisory Committee on Civil Rules. The amended rule went into...more

Proskauer - Minding Your Business

Will Settling Class Actions Get More Difficult in 2019?

Consumer advocates, defense attorneys, tort reformists, and trial judges are all eagerly awaiting a decision by the Ninth Circuit which all hope will clarify the process for certifying a nationwide settlement class in the...more

Proskauer - Minding Your Business

2018 Amendments to Rule 23 – Summarized

Effective December 1 of this year, Rule 23 of the Federal Rules of Civil Procedure – governing class action lawsuits – was amended. Among other things, the amendments modernize the rule with respect to electronic...more

Womble Bond Dickinson

Splitting Hairs?: Court Finds Bristol-Myers Squibb Does Not Apply to Rule 23 Class Actions and Denies Motion to Dismiss Claims of...

Womble Bond Dickinson on

A few weeks ago, Judge Leigh Martin May in the Northern District of Georgia denied a Defendant’s Rule 12(b)(2) motion to dismiss brought on the basis that, under Bristol-Myers Squibb, the court lacked subject matter...more

Womble Bond Dickinson

Cut Down to Size: Court Applies Bristol-Myers Squibb to Strike Class Definition Asserting Claims of Nonresident Class Members in...

Womble Bond Dickinson on

In Mussat v. IQVIA, Inc., 2018 WL 5311903 (N.D. Ill. Oct. 26, 2018) Judge Virginia M. Kendall of the Northern District of Illinois held that Bristol-Myers Squibb applies to Rule 23 class actions, and consequently struck the...more

Manatt, Phelps & Phillips, LLP

ERISA Reprocessing Class Actions: Circuit Courts Should Address Flaws

In an increasing number of cases, courts have used Federal Rule of Civil Procedure 23(b)(2) to certify classes seeking injunctive and declaratory relief that includes, among other things, an injunction ordering the defendant...more

A&O Shearman

Supreme Court Rules That Successive Class Actions Are Not Tolled Under American Pipe

A&O Shearman on

On June 11, 2018, the Supreme Court of the United States held that the tolling rule first stated in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) cannot salvage otherwise-untimely successive class claims. ...more

Dorsey & Whitney LLP

The Supreme Court - June 11, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued four decisions today: China Agritech, Inc. v. Resh, No. 17-432: In American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974) and subsequent decisions, the Court has held that...more

Jackson Lewis P.C.

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules

Jackson Lewis P.C. on

Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth...more

Locke Lord LLP

China Agritech, Inc. v. Resh: Supreme Court Stops Potentially Never-Ending Statute of Limitations, Finds American Pipe Does Not...

Locke Lord LLP on

The U.S. Supreme Court in China Agritech v. Resh, 2018 WL 2767565 (June 11, 2018) ruled that the American-Pipe doctrine—under which filing a class action tolls the statute of limitations for later-filed individual claims—does...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS: Follow-on Class Claims Time Barred Under American Pipe and Its Progeny

The U.S. Supreme Court issued its decision in China Agritech v. Resh et al., a decision concerning the U.S. Court of Appeals’ application of the tolling rule first stated in American Pipe & Constr. Co. v. Utah and later...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides China Agritech, Inc. v. Resh

On June 11, 2018, the Supreme Court of the United States decided China Agritech, Inc. v. Resh, No. 17-432, holding that a member of a failed federal class action may not use the tolling rule of American Pipe & Construction...more

BakerHostetler

Proposed Rule 23 Amendment for Class Action Settlement: Sea Change or Codification of the Status Quo?

BakerHostetler on

We’ve noted several times in this blog the difficulties parties may face when trying to obtain court approval for a settlement they have reached. Recognizing many of these issues, new amendments to Federal Rule of Civil...more

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