News & Analysis as of

Rule 23(b)(3)

Third Circuit Steps Back from the Brink of a Circuit Split over “Ascertainability”

by Kelley Drye & Warren LLP on

Yesterday, a panel of the Third Circuit Court of Appeals took another step back from a circuit split over the extent to which aspiring class plaintiffs must show a “reliable and administratively feasible means of determining...more

Privileged & Confidential:A Primer on the Work-Product Doctrine for State Tax Professionals

by Alston & Bird on

When evaluating and negotiating large transactions, it is important to keep the entire team – lawyers, accountants, consultants, etc. – on the same page. But this vital information sharing can also lead companies to...more

No Certification Where Loss of Data Prevents Class Identification

by BakerHostetler on

Identifying potential class members is not an issue in most employment cases, as the employer likely has any number of employment records for each of the claimants, including personnel files, electronic data, tax forms, time...more

Romulus v. CVS Pharmacy, Inc.: Meal Periods, Ascertainability, and the Importance of Removal

by Pierce Atwood LLP on

In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically,...more

Understanding “Ascertainability” in Class Actions Now that the Second Circuit Has Said “No” To It.

by Kelley Drye & Warren LLP on

On Friday, the Second Circuit Court of Appeals’ decision in In re Petrobras Securities refused to adopt what it called a “’heightened’ two-part ascertainability test in class action cases. The Second Circuit agreed that...more

Second Circuit Clarifies Class Certification Requirements in Significant Securities Class Action Decision

On July 7, 2017, the U.S. Court of Appeals for the Second Circuit offered significant guidance regarding the circuit’s class certification requirements in In re Petrobras Securities, No. 16-1914. In addressing an issue of...more

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

by BakerHostetler on

Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were...more

Class Action Roundup: Spring 2017

by Alston & Bird on

Happy New Year! While we acknowledge that it’s nearly summer now, this issue of Roundup includes case highlights from the first quarter of 2017. The year kicked off with more activity than the last quarter of 2016, with cases...more

Ninth Circuit Holds Statute of Limitations Applicable to Class Action May Be Tolled By Prior Lawsuit

In Resh v. China Agritech, No. 15-55432, published May 24, 2017 (Resh), the Ninth Circuit Court of Appeals held that a would-be class action is not time barred where (1) the plaintiffs were unnamed plaintiffs in two earlier...more

Will the Supreme Court Address the Growing Uncertainty in Class Certification Injury Standards?

by BakerHostetler on

Recent years have seen some upheaval in the lower courts on whether classes may be certified when they include members who lack actual injury. So far, however, the Supreme Court has declined to address this issue, thus...more

A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class

by Carlton Fields on

A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the...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

High Time for the Supreme Court to Review Ascertainability in Class Actions

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never...more

Thoughts on the Fairness in Class Action Litigation Act of 2017

A fair amount of attention has been given in the legal media to the Fairness in Class Action Litigation Act of 2017, H.R. 985, which has passed the House of Representatives and is currently under consideration by the Senate....more

Play Ball! California Federal Court Reconsiders Order Denying Minor League Baseball Players’ Motion For Class Certification

by Carlton Fields on

The Northern District of California recently renewed hope in a minor league baseball player class action wage dispute by granting the plaintiffs class certification after they narrowed the class. The court had previously...more

Does Class Settlement Of Bank Claims In Home Depot Data Breach Litigation Pass The “Superiority” Test?

Counsel for a class of card-issuing banks filed a settlement agreement on March 8 proposing a class settlement to resolve claims arising from the 2014 theft of payment card data from Home Depot point-of-sale terminals. The...more

Court Decertifies Class Challenging Timekeeping Practices

by BakerHostetler on

Yogi Berra often has been quoted for the phrase “It ain’t over till it’s over,” and Lenny Kravitz even made a hit song of it in 1991. While no one will likely ever make a popular song out of Rule 23, the phrase applies just...more

Third Circuit Affirms Denial of Class Certification Because Expert’s Exclusion of Relevant Data From Analysis of Classwide...

by Carlton Fields on

The Third Circuit affirmed an order denying class certification because the plaintiffs failed to provide sufficient evidence of classwide antitrust impact, and thus, could not satisfy Rule 23(b)(3)’s predominance requirement....more

Adequacy is Adequate: DC District Court Certifies Pacer Fee Class

by Carlton Fields on

The United States District Court for the District of Columbia certified a class of all individuals and entities who paid fees to obtain court records though the Public Access to Court Electronic Records (PACER) system. The...more

The New, Improved FICALA – What’s In the House Class Action Bill?

by McGuireWoods LLP on

The House of Representatives has reintroduced the Fairness in Class Action Litigation Act (FICALA), and it’s more substantial than the 2015 version. The previous version, you may recall, attempted to reinforce the typicality...more

Briseno v. ConAgra Foods – The 9th Circuit’s Rejection of an “Administrative Feasibility” Requirement for Class Certification

by Freeborn & Peters LLP on

On January 3, 2017, the Ninth Circuit issued its ruling in Briseno v. ConAgra Foods, Inc. and held that Rule 23 does not require plaintiffs to establish an “administratively feasible” means of identifying putative class...more

Ninth Circuit Rejects Ascertainability as a Requirement for Class Certification Under Rule 23

A potent weapon for defending against class actions is the requirement that class members be “ascertainable.” Circuit courts phrase this requirement differently, but at bottom, it is two-fold: (1) the class must be...more

Revisiting Ascertainability: The Ninth Circuit Court of Appeals Weighs in on “Ascertainability” for Class Certification

by K&L Gates LLP on

Over the past four years, the federal circuit courts have frequently been called upon to address the proper role and scope of the “ascertainability” requirement in the class certification analysis. The results have varied by...more

“Administrative Feasibility” Rejected in the Ninth Circuit

by BakerHostetler on

On Jan. 3, in Briseno v. Conagra Foods, Inc., Case No. 15-55727, the Ninth Circuit Court of Appeals held that Fed. R. Civ. P. 23 does not require class representatives to demonstrate that there is an “administratively...more

Ninth Circuit Lowers Hurdle for Class Certification

On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the...more

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