Class Certification

News & Analysis as of

Inside the Courts: An Update From Skadden Securities Litigators - September 2015 / Volume 7 / Issue 3

This issue of Inside the Courts, Skadden’s securities litigation newsletter, includes summaries and associated court opinions of selected cases principally decided between May 2015 and August 2015. The cases address...more

The Class Actions Global Guide, France

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The types of collective action addressed in this...more

The Class Actions Global Guide, Italy

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The members of a “class” can bring a “class action”...more

The Class Actions Global Guide, US


Revised Rule 23 Proposals Show Some Promise

The Rule 23 amendment process has continued apace. For those of you who did not read Paul Karlsgodt’s excellent summary of the September 11 mini-conference (which included a number of class-action luminaries from both sides...more

Class Certification Victory in Building Products Case

In a case that should be of interest to manufacturers and distributors, and especially to suppliers of building products, lawyers from our class action defense team recently defeated class certification in a building products...more

District Court Denies Class Certification in Excessive Fee Case Against Service Provider

The plaintiffs, three plan participants, filed their lawsuit in 2012 and purported to assert claims on behalf of a class of all plans serviced by the defendants, affiliated entities that provided services to the plans and/or...more

Financial Services Weekly News - September 2015 #5

Regulatory Developments - SEC Proposes to Amend Administrative Proceedings Rules: On Sept. 24 the SEC announced that it had voted to propose amendments to rules governing its administrative proceedings. The...more

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

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

California Employment Law and Arbitration: The Battle Intensifies

Tuesday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more

Securities Claims Based on Item 303 of Regulation S-K: It Just Doesn’t Matter

In January 2015, the Second Circuit held in Stratte-McClure v. Morgan Stanley, 776 F.3d 94 (2nd Cir. 2015), that Item 303 of Regulation S-K imposes a duty to disclose for purposes of Section 10(b), meaning that the omission...more

Can An NC Superior Court Judge Modify Another Judge's Classs Certification Order?

Is the certification of a class by an NC state court set in stone or can it be modified during the course of the litigation? The federal rule vs. the state rule - There is a difference between the federal rule...more

Two Recent Opinions Reflect Important Developments in Heightened Ascertainability for Class Certification

“Ascertainability”—that is, whether class members can be ascertained with administrative efficiency—continues to develop as a significant issue in class certification. Two recent opinions, Brecher v. Republic of Argentina,...more

What Should Employers Expect During The New Supreme Court Term?

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

Financial Services Companies Seek Larger Payout in Target Data Security Suit

Attorneys for certain banks and other financial institutions that are caught up in Target’s 2013 data breach are objecting to the $67 million deal struck last week between the retailer and Visa Inc. The banks and credit...more

Class In Session: Minnesota Federal Court Certifies Class In Target Corporation Data Breach Suit

On September 15, 2015, a federal district court in Minnesota granted a motion for class certification of hundreds of credit unions and banks in an action against Target Corporation for damages stemming from the breach of...more

First Circuit Limits Defense Strategy of “Picking off” Named Plaintiff in Putative Class Action by Offer of Judgment

In Bais Yaakov of Spring Valley v. Act, Inc., 2015 U.S. App. (1st Cir. Aug. 21, 2015), the First Circuit held that a rejected and withdrawn offer of settlement of a named plaintiff’s individual claims in a putative class...more

That is SO last week - September 2015 #3

Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...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

Employers Beware: Possible Changes May Be Coming To Class Action Rules

Rule 23 governs class action procedure in federal courts, and interpretation of that rule by the U.S. Supreme Court and lower federal courts drives risks and liabilities that employers face in high-stakes litigation. Being on...more

Ascertainability in Class Actions: Second Circuit Weighs In

Ascertainability has been a hot topic in class action appeals recently. The Third Circuit recently clarified its ascertainability standard (see my April 20 blog post). The committee considering potential Rule 23 amendments is...more

Banks Win Class Certification in Target Data Breach Case

A federal court recently granted class certification to a group of financial institutions (the “Banks”) in the data breach case against Target Corporation (“Target”) arising from the December 2013 hacking of its computer...more

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Financial Institutions Make History In Target Mdl, First Class Action Certified In Federal Court To Litigate Security Breach...

Before September 15, 2015, no federal court had certified a class action to litigate security breach claims. But now U.S. District Court Judge Paul A. Magnuson, overseeing the In re: Target Corporation Customer MDL, has...more

Third Circuit Reverses Denial of Class Certification in Complete Sham Telemarketing RICO Case

The United States Court of Appeals for the Third Circuit reversed the denial of class certification in a case brought against a bank and its payment processors that allegedly engaged in a fraudulent scheme to cause...more

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