News & Analysis as of

Jurisdiction Putative Class Actions

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

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more

Miller Canfield

Supreme Court Holds that Where Two Contracts Conflict on the Issue of Arbitrability, Courts - Not Arbitrators - Decide Which...

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When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...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

Proskauer - Employee Benefits & Executive...

Putative ESOP Class Action Dismissed for Failure to Exhaust Administrative Remedies

The decision in Bolton v. Inland Fresh Seafood Corp. of America Inc., No. 22-cv-4602 (N.D. Ga. Dec. 5, 2023)should serve as a reminder to all ERISA practitioners that, if litigating in courts of the Eleventh Circuit,...more

A&O Shearman

Ninth Circuit Dismisses For Lack Of Jurisdiction Non-Lead Plaintiff’s Appeal From The Dismissal Of A Putative Class Action Against...

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On October 11, 2023, a divided panel of the United States Court of Appeals for the Ninth Circuit dismissed for lack of standing an appeal from the dismissal of a putative class action asserting claims under the Securities...more

Perkins Coie

Weekly Notable Ruling Roundup - October 2023 #2

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Stephen Dunn, et al. v. Ancient Brands LLC, No. 5:21-cv-00390-LEK-ML (September 15, 2023): The...more

Carlton Fields

Mark Cuban’s Cryptocurrency Conundrum: The Road to Filing Sanctions

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Selecting a named plaintiff in a putative class action can be one of the most important, but overlooked, decisions that a plaintiff’s counsel makes. Picking the wrong plaintiff can lead to delay, dismissal of claims, denial...more

Morgan Lewis

Third Circuit Rules on ‘Mind-Bending’ Arbitration Question

Morgan Lewis on

The US Court of Appeals for the Third Circuit recently issued a precedential decision on what it called “the mind-bending issue of arbitration about arbitration.” Relying on an arbitration agreement between the plaintiff and...more

Kilpatrick

Fifth Circuit refuses to address non-CAFA grounds for remand where defendant petitioned to appeal remand decision under CAFA (28...

Kilpatrick on

Takeaway: The Class Action Fairness Act (CAFA) provides class action defendants with the means to secure federal jurisdiction over putative class actions filed in state court, as well as a mechanism to appeal decisions by...more

A&O Shearman

California Appellate Court Affirms Decision To Dismiss Putative Securities Class Action Against Hair Implantation Company Because...

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On April 28, 2022, the First Appellate District Court of Appeals for the State of California affirmed the dismissal of putative securities class action against a hair transplant technology company (the “Company”) alleging...more

Latham & Watkins LLP

Decentralized Autonomous Organizations: Piercing the Digital Veil

Latham & Watkins LLP on

A complaint filed in federal court will test the boundaries of protection from liability for individuals behind decentralized autonomous organizations. On May 2, 2022, a putative class action was filed in the US District...more

King & Spalding

Wong v. Restoration Robotics: California Appellate Court Upholds Federal Forum Selection Provision for Securities Act Claims

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On April 28, 2022, the Court of Appeals of California, First District, upheld a corporate charter provision requiring shareholders to file Securities Act of 1933 (“Securities Act”) lawsuits in federal court. This is the...more

Robinson+Cole Class Actions Insider

Some Class Action Fairness Act Remand Decisions Are Appealable as of Right

Federal district court orders remanding cases to state court are generally not appealable, as provided by 28 U.S.C. § 1447(d). One exception to this is that the Class Action Fairness Act (CAFA) allows a court of appeals, in...more

Kilpatrick

Eleventh Circuit clarifies procedural and appellate jurisdictional issues pertaining to CAFA’s local controversy exception

Kilpatrick on

Takeaway:  The Class Action Fairness Act (CAFA) provides class action defendants with the means to secure federal jurisdiction over putative class actions filed in state court, as well as a mechanism to appeal decisions by...more

Butler Snow LLP

Understanding the Home State Exception to CAFA’s Diversity Jurisdiction

Butler Snow LLP on

The Class Action Fairness Act (“CAFA”), enacted in 2005, expanded federal jurisdiction over class actions. However, CAFA contains some exceptions, or instances when a federal court may not exercise jurisdiction. One such...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

ArentFox Schiff on

Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

Womble Bond Dickinson

For Cannabis Dispensaries, Ounce of Prevention Worth More than Pound of Cure

Womble Bond Dickinson on

Imagine facing the prospect of a crippling class action lawsuit and having to engage in costly discovery to disprove the claims, even where clear evidence of innocence is presented at the pleading stage. For one cannabis...more

King & Spalding

Vacating District Court’s Decision Certifying Nationwide Classes, Ninth Circuit Rules Defendant Did Not Waive Bristol-Myers Squibb...

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On August 10, 2021, the Ninth Circuit vacated a California district court’s order certifying two nationwide classes under the Telephone Consumer Protection Act (“TCPA”). The district court had rejected the defendant’s...more

Lathrop GPM

The Franchise Memorandum - Issue # 263

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Illinois Federal Court Excludes Plaintiffs’ Expert Testimony on Certification Motion in Anti-Poaching Class Action - A federal court in Illinois granted Jimmy John’s motion to exclude expert testimony of a putative class...more

Seyfarth Shaw LLP

New York Appellate Division Decides First Securities Act Case Since Cyan

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On December 3, 2020, the New York State Appellate Division for the First Judicial Department dismissed an action alleging claims under the Securities Act of 1933 (the “Securities Act”) in Lyu v. Ruhnn Holdings Limited....more

Carlton Fields

Eleventh Circuit Affirms Denial of Motion to Arbitrate Where Appellant Was Not a Party to Arbitration Agreement

Carlton Fields on

The Eleventh Circuit Court of Appeals recently affirmed the denial of a motion to arbitrate where the appellants were not parties to the agreements containing arbitration clauses. The court also concluded that equitable...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Seyfarth Shaw LLP

Federal Court Finds That It Lacks Jurisdiction To Enjoin Employer From Retaliating Against Putative Class Members

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Seyfarth Synopsis – Following a familiar fact pattern, after a named Plaintiff filed a putative class action in Bird, et al. v. Barr, No. 19-CV-1581 (D.D.C. July 23, 2020), she complained that the defendant employer...more

Polsinelli

Two Circuit Courts of Appeals Consider Jurisdiction Over Non-Forum Class Members

Polsinelli on

The Seventh Circuit and District of Columbia Circuit Courts of Appeals recently considered an issue that has been debated by class action lawyers on both sides of the “v” for several years: whether the Supreme Court’s...more

Robinson+Cole Class Actions Insider

Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New Decisions

This week the D.C. Circuit and Seventh Circuit issued decisions addressing a question that has been hotly debated by class action lawyers on the plaintiffs’ and defense sides: whether the Supreme Court’s decision on personal...more

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