A putative class of plaintiffs filed suit against ice cream maker Ben & Jerry’s, alleging that labeling several of its frozen confections “all natural” when they contained alkalized cocoa made with artificial alkali...more
Can a corporation defending against a stock fraud class action defeat class certification by using evidence that its actions had no effect on the stock’s price? In Halliburton Co. v. Erica P. John Fund, Inc., Docket No....more
Two years ago, the extent of my knowledge of and experience in class actions was limited to a complex litigation course I took in law school. I had four years of general litigation practice under my belt and had always...more
This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more
This week the U.S. Supreme Court unanimously held in Mississippi ex rel. Hood v. AU Optronics Corp. that parens patriae actions in which the State is the sole plaintiff are not “mass actions” under the Class Action Fairness...more
At its conference on January 10, the Supreme Court can get serious about fixing consumer class actions. The Justices should take up that challenge, because it will consider two certiorari petitions that seek review of class...more
In This Issue:
- Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)*
- Agencies Release Guidance on HRAs, FSAs, and Employer Payment...more
Last week, the Ohio Supreme Court denied class certification in Cullen v. State Farm Mutual Automobile Insurance Company, Slip Opinion No. 2013-Ohio-4733 (Nov. 5 , 2013). In a 5-2 decision, the Court overruled the trial and...more
On November 5, 2013, BakerHostetler's class action litigation team secured a major victory for Ohio class action defendants when the Supreme Court of Ohio adopted the class certification principles announced in the United...more
A New York Federal court has certified a class action against Ann Taylor LOFT for violations of the Truth in Lending Act (see Opinion & Order in Kelen v. World Financial Network National Bank, Case No. 12-CIV-5024).
Despite blockbuster cases like Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), and Brinker Rest. Corp. v. Superior Court, 273 P.3d 513, 527 (Cal. 2012), California remains a hotbed of employment class litigation as a...more
The Third Circuit rejected plaintiffs’ arguments that the district court abused its discretion by overstepping its authority in declining to certify a settlement class and in misapplying Wal-Mart Stores, Inc. v. Dukes, in...more
While commentators can, and often do, debate fine points regarding the technical elements of a class action claim, the result in a given case is often dictated by a more fundamental concern. That issue is whether the judge...more
In what it describes as an effort to advance the law of class certification, the Seventh Circuit last week issued a decision, written by Judge Posner, that many would say does just the opposite.
On September 4, the U.S. District Court for the District of Massachusetts denied class certification of individual borrowers in a consolidated action against a national bank for allegedly mismanaging requests for HAMP...more
On September 3, 2013, in Wang v. Chinese Daily News, Inc., the Ninth Circuit clarified the restrictions on class certification imposed by Wal-Mart Stores, Inc. v. Dukes. The net effect of this ruling is to make it harder for...more
In Rodriguez v. Nat’l City Bank, — F.3d —, 2013 WL 4046385 (3d Cir. Aug. 12, 2013), the Third Circuit refused to certify a proposed class for settlement purposes to amicably resolve mortgage discrimination claims because...more
When a plaintiff seeks certification of a class, the issue of whether the class is “ascertainable” has become an increasingly significant battleground issue in class certification proceedings. While not explicitly set out in...more
Ford Motor Co. recently successfully defeated efforts to certify two classes alleging injuries resulting from product defects. On June 18, 2013, a California federal district court declined to certify a class involving an...more
After eight years and two visits, the Ohio Supreme Court has issued an opinion that not only addresses key developments in federal class action jurisprudence, but also decided the underlying class certification question....more
The Supreme Court’s Wal-Mart Stores, Inc. v. Dukes opinion has once again played Bo and Luke to a plaintiff’s Boss Hogg.
Last week, the United States Supreme Court decided American Express v. Italian Colors Restaurant and affirmed the right of parties to agree to class action waivers in arbitration contracts....more
In Erica P. John Fund, Inc. v. Halliburton Co., No. 12-10544, 2013 WL 1809760 (5th Cir. Apr. 30, 2013), the United States Court of Appeals for the Fifth Circuit held that a defendant in a securities fraud class action is not...more
Do you hear that? . . . . It is the wailing and moaning of plaintiff’s attorneys across the country.
On June 20, 2013, in a 5-3 decision (Sotomayor recused herself), the United States Supreme Court issued a...more
On Tuesday, the Ninth Circuit decided Leyva v. Medline Industries, Inc., reversing an order denying class certification in a wage and hour case. The decision represents the first interpretation from the Ninth Circuit of the...more
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