Predominance Requirement

News & Analysis as of

What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in...

On March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone...more

Advising On Their Own: Financial Advisors’ Class Claims Defeated

Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class...more

Supreme Court Stops Short of Bright-Line Rule Regarding Statistical Evidence in Class Actions

On March 22, the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo. For those unfamiliar with the case, Tyson Foods is a Fair Labor Standards Act (FLSA) case that involved an alleged failure to pay...more

SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question

Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more

For Want of a Damages Model, Certification Was Lost

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

New Jersey Appellate Division Reverses Class Certification in TGI Friday’s Consumer Fraud Class Action

Action Item: The Superior Court of New Jersey - Appellate Division reversed a trial court’s class certification decision in a consumer class action arising from whether TGI Friday’s decision to not post drink prices on its...more

NJ Appellate Division Decertifies Class in Suit Over TGI Friday’s Menus and Drink Prices

New Jersey bar patrons alleging that the chain restaurant, TGI Friday’s, Inc. (TGIF), violated consumer protection laws by omitting drink prices from its menus will have to proceed with their claims as individual plaintiffs...more

Questions About Delivery Drivers’ Employee/Independent Contractor Status Preclude Commonality and Predominance Findings

A New Jersey district court denied certification of a putative class of furniture delivery drivers and helpers employed by various transportation companies (the “Driver/Helpers”) and individuals who owned those transportation...more

TCCWNA Class Action Tanked by Individualized Inquiries

New Jersey restaurant-goers alleging that TGI Friday’s, Inc. (TGIF) violated state consumer protection laws by omitting drink prices from its menus will have to proceed with their claims individually after the New Jersey...more

Tyson Foods v. Bouaphakeo: “Representative” Evidence May Be Used in (Some) Class Actions

On March 22, 2016, the United States Supreme Court affirmed the certification of a class of Tyson Foods employees under Rule 23(b)(3) and a collective action under the Fair Labor Standards Act (FLSA). The Court held that...more

What does Tyson Foods, Inc. v. Bouaphakeo mean for class actions?

The class action plaintiffs’ bar celebrated yesterday’s Supreme Court’s decision in Tyson Foods, Inc. v. Bouaphakeo (pdf), rejecting Tyson’s challenge to class certification. One lawyer called it “a huge David v. Goliath...more

Reverse Cycle! Eleventh Circuit Reverses “Smelly Washing Machine” Class Certification Due to Outmoded Standard

In the latest class action involving front-loading washing machines, the Eleventh Circuit reversed the certification of two statewide Texas and California classes of purchasers contending that the front door seal on early...more

Biting The Hand That Fed Them – And Winning

Choice of law is frequently a prominent – and sometimes a pivotal – factor in a court’s analysis of whether to grant or deny certification of a nationwide or multi-state class. Whether a federal court may apply one...more

Ninth Circuit Affirms Denial of TCPA Class Cert. On Predominance/Ascertainability Grounds

On January 12, 2016, the Ninth Circuit affirmed the denial of class cert. in a Telephone Consumer Protection Act (TCPA), 47 USC 227 action on  predominance and superiority grounds in the case Paul Gannon v. Network Telephone...more

TCPA Connect - January 2016

Manatt Defeats Motion for Class Certification in TCPA Complaint Against Network Telephone Services - A team of Manatt litigators secured a major victory for Network Telephone Services, Inc., on Jan. 12, 2016, in the U.S....more

"Insights Conversations: Securities Litigation"

From the impacts of U.S. Supreme Court Omnicare and Halliburton cases to the uptick in Securities Act class actions, litigation partners Scott Musoff and Susan Saltzstein discuss the latest securities litigation developments....more

No Soup for You! Judge Denies Preliminary Approval of Settlement in CJ Foods’ Annie Chun Soup Case

A recent decision from the Southern District of California highlights two challenges with obtaining preliminary approval of nationwide food misbranding class action settlements. On December 16, 2015, in Peterson v. CJ...more

The Third Circuit Adopts Predominant Benefit Test For Meal Periods, Leaving The Ninth Circuit As The Sole Holdout

The Third Circuit Court of Appeals recently joined the chorus of Circuits adopting the pro-employer “predominant benefit test” when weighing the compensability of meal periods under the Fair Labor Standards Act (“FLSA”). As...more

Third Circuit Adopts New Test for Determining Whether Meal Breaks Are Compensable

On November 24, 2015, a divided U.S. Court of Appeals for the Third Circuit found that the “predominant benefit” test should be applied when determining whether mealtime breaks constitute compensable time under the Fair Labor...more

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

Ninth Circuit Holds That Google AdWords Class Can Go Forward, Despite Individualized Damages Calculations

In Pulaski & Middleman v. Google, Inc., the Ninth Circuit recently held that a class could be certified in connection with Google AdWords, even though damages would require some individualized calculations....more

The Ninth Circuit Declares That Individualized Damages Issues Alone Never, Ever Preclude Certification of a Rule 23(b)(3) Class

In Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752, 2015 U.S. App. LEXIS 16723 (9th Cir. Sept. 21, 2015), a Ninth Circuit panel held that individualized damages (or restitution) calculations cannot alone defeat Rule...more

Ten Things Class Action Practitioners Need To Know About Potential Amendments To Federal Rule Of Civil Procedure 23

Rule 23 may be in for some major changes. The Advisory Committee has commissioned a Rule 23 subcommittee to investigate possible revisions to the class action rules. That subcommittee issued a report (pdf) discussing its...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 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

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