The Sixth Circuit recently addressed whether a novel negotiation class could be certified to facilitate possible future settlement negotiations in multidistrict litigation (MDL)....more
10/1/2020
/ Class Action ,
Class Certification ,
Controlled Substances Act ,
Corporate Counsel ,
FRCP 23 ,
FRCP 23(b)(3) ,
Mass Tort Litigation ,
Multidistrict Litigation ,
Opioid ,
Pharmaceutical Industry ,
Pharmacies ,
RICO ,
Settlement Negotiations
A recent decision by a Connecticut district court reiterates that the issue of consent may foreclose class certification in Telephone Consumer Protection Act (TCPA) junk fax cases....more
4/15/2019
/ Class Action ,
Class Certification ,
Data-Sharing ,
Franchises ,
Predominance Requirement ,
Prior Express Consent ,
Putative Class Actions ,
Suppliers ,
TCPA ,
Telecommunications ,
Third-Party Service Provider ,
Unsolicited Faxes ,
Wyndham
The Northern District of Illinois recently denied a motion for class certification based largely on the inexperience of class counsel, and simultaneously denied the defendant’s motion to deny class certification. ...more
10/18/2018
/ Class Action ,
Class Certification ,
Conciliation ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Ford Motor ,
FRCP 23(a) ,
Hostile Environment ,
Sexual Harassment
Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary...more
6/22/2018
/ Appeals ,
Class Certification ,
Fines ,
Florida ,
Municipalities ,
Predominance Requirement ,
Preemption ,
Putative Class Actions ,
Red Light Cameras ,
Superiority Claims ,
Traffic Laws ,
Voluntary Payments
As we previously reported, last year the Ninth Circuit in Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), joined a circuit split when it held that the statute of limitations did not bar a...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation