News & Analysis as of

Settlement Class Action Fairness Act

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Second and Third Circuits Address Automatic Telephone Dialing Systems;...

In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more

Robinson+Cole Class Actions Insider

Eleventh Circuit Provides New Guidance on Class Action Settlements

Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Kilpatrick

When is a coupon not a coupon under section 1712(e) of CAFA?

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Takeaway: The law surrounding “coupon” settlements under 28 U.S.C. § 1712 of the Class Action Fairness Act (“CAFA”) continues to evolve. Under section 1712(e), courts must: (1) apply “heightened scrutiny” when approving...more

ArentFox Schiff

Class Action Year in Review: Courts Continue Close Scrutiny of Class Action Settlements

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Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class...more

Holland & Knight LLP

Ninth Circuit Affirms That Class Action Settlement Was Not a "Coupon Settlement"

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The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore...more

Foley & Lardner LLP

Please Remain Standing: 11th Circuit Rejects $35 Million GoDaddy Settlement Due to Absent Class Members Lack of Standing

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Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Raises Fee Award Hurdle in Coupon Class Action Settlements

Ninth Circuit decision prohibits use of lodestar-only methodology to calculate a fee award for class action settlements involving coupons. The decision contemplates coupon class action settlements where coupons are...more

BakerHostetler

Sixth Circuit Sets Out Guidelines for Lodestar Fee Awards in Class Actions

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Attorney fee awards are a major driver of class action litigation – both in the employment and other contexts. How they are awarded, and what is “reasonable” has been an ongoing source of contention in many cases. A recent...more

Bradley Arant Boult Cummings LLP

It’s None of Your Business: Sixth Circuit Says Arizona Lacks Article III Standing to Intervene to Challenge a Class Settlement

Does a state, whose citizens are among the absent class members in a class action settlement, have Article III standing to challenge the supposed unfairness of the settlement? In Chapman v. Tristar Products, Inc., the Sixth...more

Allen Matkins

National Class Action Settlements Exceed DBO CAFA Notices

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Fourteen years ago, Congress enacted legislation intended to protect consumers and investors from settlements in which plaintiffs' attorneys pulled in large fees while their clients (the class members) received little. In one...more

Jones Day

Department of Justice Increasingly Challenges Class Settlements

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The Situation: Under the Class Action Fairness Act, the Department of Justice may object to federal class action settlements it believes are unfair or inequitable to unnamed class members. The Result: In the past year,...more

Balch & Bingham LLP

Top 10 Key Class Action Points for 2019

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Some legal commentators and lawyers have pronounced the death of class actions in light of significant changes in the law in the last fifteen years, including the passage of the Class Action Fairness Act and the Supreme...more

Sheppard Mullin Richter & Hampton LLP

Are credits coupons? The Ninth Circuit Says Yes in Calculating Total Value of Class Action Settlements

Companies may be inclined to offer “coupons” or similar benefits to settle consumer class actions. While offering coupons is permissible, in In re Easysaver Rewards Litigation, No. 16-56307, 2018 U.S. App. LEXIS 28000 (9th...more

BakerHostetler

Federal Authorities Continue to Monitor Proposed Class Action Settlements

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Officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to scrutinize class settlements to ensure that neither defendants nor class action counsel are improperly benefiting at the expense...more

Eversheds Sutherland (US) LLP

Big Brother IS watching: DOJ announces increased scrutiny of proposed class action settlements

The US Department of Justice (DOJ) plans to take a more active role in reviewing and objecting to class action settlements under a rarely used procedure established by the Class Action Fairness Act (CAFA) more than a dozen...more

Ballard Spahr LLP

DOJ to Take Closer Look at Fairness of Proposed Class Action Settlements

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For the first time in more than a decade, the U.S. Department of Justice (DOJ) has exercised its authority under the Class Action Fairness Act (CAFA) to file an objection to a proposed settlement of a consumer class action....more

Ballard Spahr LLP

State AGs urge SCOTUS to review Ninth Circuit cy pres class action settlement decision; DOJ to step up CAFA class action...

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A bipartisan group of 16 state attorneys general has filed an amicus brief in support of a petition for certiorari asking the U.S. Supreme Court to review a Ninth Circuit decision upholding the district court’s approval of a...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Slams the Brakes on Nationwide Class Action Settlement; Choice of Law and Reliance Are Bumps in the Road

In In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 2018 WL 505343 (9th Cir. Jan. 23, 2018), the Ninth Circuit vacated a nationwide class action settlement, concluding that the district court’s failure to conduct a...more

Carlton Fields

State Of Louisiana, As Absent Class Member, Escapes CAFA Settlement Trap

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The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana from bringing...more

Alston & Bird

Class Action Roundup: Summer 2017

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Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

Moore & Van Allen PLLC

Congressional Overhaul of Class Action Procedure Pending Senate Consideration

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As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action Fairness Act of 2005 (CAFA)...more

Carlton Fields

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

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On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

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Introduction and Overview - Since the turn of the century, there has been a huge increase in the number of class action lawsuits alleging violations of California’s overtime laws or other Labor Code statutes and wage and...more

Carlton Fields

Lawyers Sanctioned for Seeking to Settle Federal Court Class Action in State Court

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Lawyers seeking to settle class actions pending in federal court by dismissing and refiling in state court beware! In two recent orders, a federal judge in the Western District of Arkansas ruled that the attorneys...more

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