Interlocutory Appeals Class Certification

News & Analysis as of

Court Denies Motion For Interlocutory Appeal In Alleged Insurance Kickback Scheme

We have previously reported on a case styled Munoz v. PHH Corp., one of similar suits alleging putative class actions under the Real Estate Settlement Procedures Act arising from purported “sham” reinsurance transfers...more

Target Data Breach Class Certified: Data Breaches Potentially Fertile Ground for B2B Class Actions

Retail data breaches are multi-victim crimes, with the retailer, consumers and affected third parties all having legitimate claims to “victimhood” – and each left squabbling as the hacker vanishes into the digital ether....more

The Sixth Circuit Expands American Pipe Tolling

On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny of the U.S. Supreme Court’s famous decision in...more

NY Court Issues Landmark Ruling on the Employment Status of Unpaid Interns

On July 2, 2015, in Glatt v. Fox Searchlight Pictures, Inc. and a related order, Wang v. The Hearst Corp., the U.S. Court of Appeals for the Second Circuit issued a new test for determining whether interns must be treated and...more

Judge: Use of Payroll Debit Cards Violates PA Wage Payment & Collection Law

We have been updating you on a class action lawsuit pending in the Luzerne County Court of Common Pleas challenging a Pennsylvania employer’s use of payroll debit cards to pay wages to its employees. May was a busy month for...more

Sixth Circuit Denies Interlocutory Appeal of Class Certification of Antitrust Suit Against Detroit Medical Center

Detroit-area nurses filed an antitrust suit against Detroit Medical Center (“DMC”), alleging that “softened competition” resulted from DMC sharing compensation information with other hospitals. The plaintiffs also alleged a...more

14 Days Or Bust: Fourth Circuit Bolsters “Rigid And Inflexible Rule” For Appealing Certification Orders

Artful attempts to appeal a class certification order beyond fourteen days will not impress the Fourth Circuit. In Nucor, the district court certified two classes relating to substantive allegations of racial discrimination....more

"Study Reveals US Courts of Appeal Are Less Receptive to Reviewing Class Certification Rulings"

Skadden recently conducted a study on behalf of the U.S. Chamber of Commerce Institute for Legal Reform regarding acceptance rates for Rule 23(f) petitions appealing class certification rulings in federal courts. The study...more

Strategies In Class Action Engagement: Response To Class Certification

This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. An order granting class certification is not the end of the battle regarding...more

California District Court Awaits Class Certification Motion in Wal-Mart

On December 10, 2012, the California District Court denied Wal-Mart’s motion for an interlocutory appeal in a putative class action filed in the wake of the Supreme Court’s decision not permitting certification of a...more

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