News & Analysis as of

Rule 23

Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification

The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more

Appellate Jurisdiction over Class Certification Denials: Microsoft v. Baker

Facts - On June 12, 2017, in Microsoft Corporation v. Baker, the U.S. Supreme Court unanimously held that federal courts of appeals lack jurisdiction to review orders striking class allegations after the named plaintiffs...more

Game Over – SCOTUS Holds a Voluntary Dismissal With Prejudice Is Not a Viable Means to Appeal a Denial of Class Certification

by Carlton Fields on

A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the maker of the popular Xbox...more

Supreme Court Slams the Back Door Around Rule 23(f) in Microsoft v. Baker

Introduction. On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al., a closely watched case in the class action world, and one on which we previously reported here. Baker presented the...more

Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification

The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more

“Class Arbitration”: The Current Law

We recently began a series of articles in which we ask whether “class arbitration” — meaning the utilization of a Federal Rule of Civil Procedure 23 class action protocol in an arbitration proceeding — is ultimately viable,...more

Supreme Court Says No to Appellate Gamesmanship

by McGuireWoods LLP on

Washington, DC-based litigator James Freije brings us an analysis of the Supreme Court’s latest class certification decision. Resolving a current split amongst multiple federal circuits, the United States Supreme Court...more

Supreme Court Says No to Appellate Gamesmanship

by McGuireWoods LLP on

Washington, DC-based litigator James Freije brings us an analysis of the Supreme Court’s latest class certification decision. Resolving a current split amongst multiple federal circuits, the United States Supreme Court...more

Supreme Court Limits Review Of Certification Denials

by BakerHostetler on

One of the difficulties of class action litigation that continues to vex employers is the frequent inability to obtain meaningful review of certification decisions. Because, the reasoning goes, certification orders are...more

Class Action Plaintiffs In The Ninth Circuit Can No Longer Obtain Immediate Appellate Review Of Orders Denying Class Certification

The U.S. Supreme Court has closed a loophole that class action plaintiffs in the Ninth Circuit had been exploiting to obtain immediate appellate review of a district court’s denial of class certification. The decision –...more

Supreme Court Rejects Plaintiffs' Tactic for Appealing Class Certification Denials

by Fenwick & West LLP on

The U.S. Supreme Court issued a unanimous 8-0 opinion in Microsoft Corp. v. Baker, reversing the U.S. Court of Appeals for the Ninth Circuit and holding that federal courts lack jurisdiction under 28 U.S.C. § 1291 to hear the...more

Supreme Court Swats Down the “Voluntary-Dismissal Tactic”

by Benesch on

Let’s say you’re a plaintiff in a federal action and you’re seeking class certification. The district court denies your motion. ...more

U.S. Supreme Court Rules That Plaintiffs’ Voluntary Dismissal Does Not Transform A Decision Denying Class Certification Into An...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Microsoft Corp. v. Baker, No. 15-457 (U.S. June 12, 2017), the U.S. Supreme Court ruled on a procedural issue that is of importance in any class action in terms of when and in what circumstances a...more

Microsoft V. Baker: Supreme Court Prohibits Plaintiffs From Manufacturing Appellate Jurisdiction Over Class-Certification Denial...

by Locke Lord LLP on

In Microsoft Corp. v. Baker, 2017 WL 2507341, the U.S. Supreme Court unanimously held that federal circuit courts lack jurisdiction over appeals from class-certification denials (or any other interlocutory decision) taken...more

Supreme Court Decides Microsoft Corp. v. Baker

by Faegre Baker Daniels on

On June 12, 2017, the Supreme Court decided Microsoft Corp. v. Baker, No. 15–457, holding that federal courts of appeals lack jurisdiction under 28 U. S. C. §1291, to review orders denying class certification (and orders...more

Supreme Court: Plaintiffs May Not Voluntarily Dismiss Case To Appeal Class Certification Decision

by Jackson Lewis P.C. on

Plaintiffs may not voluntarily dismiss their class action claims upon receiving an adverse class certification decision and subsequently invoke 28 U.S.C. § 1291, the general rule that appeals can be taken only from a final...more

The End of Self-Inflicted Appellate Jurisdiction

The United States Supreme Court today ended the controversial tactic of self-inflicted finality, wherein a class action plaintiff that has been denied certification and denied 23f review creates its own “final judgment” by...more

Ninth Circuit Extends Tolling Doctrine To Allow Successive Class Actions, Subject Only To Preclusion And “Comity” Defenses

Takeaway: In Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), the Ninth Circuit stretched the tolling principles of American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), and Crown,...more

Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement

by Carlton Fields on

Using the Third Circuit’s comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants allegedly charged an...more

Lone Objector’s Class-Conflict Arguments Miss the Target

by Carlton Fields on

In 2015, Target settled a class action stemming from a massive data breach of its customers’ sensitive information. According to the settlement terms, Target agreed to pay $10 million to those affected. The Minnesota district...more

District Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal...

by Carlton Fields on

An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)...more

Meanwhile, In Class Action Scholarship …

by McGuireWoods LLP on

Despite my best intentions, I have not been posting here as often as I would like in the past few months. But that does not mean that I have not been reading. So, in lieu of a long-winded analysis of some new tactic, trend,...more

Employers Face Increased Risk Of FMLA Class Actions As Court Holds That FMLA Claims Are Appropriate For Class Certification Under...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision has added to the chorus of courts recognizing that FMLA class actions must be pursued under Rule 23 and are often appropriate for class certification. As a practical matter, this means...more

Alleged Violations of Florida Building Code Not Subject to Class Treatment

by Carlton Fields on

Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private...more

“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

by Foley & Lardner LLP on

On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line...more

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