In Lowery v. Rhapsody International, Inc., —F.4th—, 2023 WL 3857499 (June 7, 2023), the Ninth Circuit Court of Appeals recently reversed an award of attorneys’ fees to class counsel that was more than thirty times the amount...more
On March 13, 2023, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s order of class certification in Van v. LLR, Inc. under Rule 23(f)....more
On January 20, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s decision to certify a class under Title II of the Americans With Disabilities Act (“ADA”), which prohibits public entities...more
On December 16, 2022, the U.S. Court of Appeals for the First Circuit made two important findings in a class-action settlement case.
First, the Court vacated the district court’s settlement approval finding that the...more
In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide them with required third-party information...more
On August 15, 2022, the U.S. Court of Appeals for the Fifth Circuit vacated a class-certification order on a Rule 23(f) appeal after sua sponte holding that the named plaintiff had no standing to sue. The case is yet another...more
In Drazen v. Pinto, –F.4th–, 2022 WL 2963470 (July 27, 2022), the Eleventh Circuit vacated a district court’s decision to certify a class under Rule 23 and approve the class settlement because the class included members who...more
The 7th Circuit recently vacated a 25% attorneys’ fee award in In re Stericycle Securities Litigation, No. 20-2055, 2022 WL 1564997, at *1–14 (7th Cir. May 18, 2022). The Court’s reasoning focused on the previous litigation...more
In Arkansas Teacher Retirement System v. State Street Corporation, — F.4th —-, 2022 WL 391450 (1st Cir. Feb. 9, 2022), the First Circuit Court of Appeals upheld a district court’s sanction of law firm Lieff Cabraser Heimann &...more
On June 25, 2021, the United States Supreme Court issued its opinion in TransUnion LLC v. Ramirez (“Ramirez”), holding that all plaintiffs, to include absent class members, must demonstrate that they have suffered a concrete...more
On March 30, 2021, the United States Supreme Court heard oral argument in Transunion LLC v. Ramirez, No. 20-297, a case that could have far-reaching implications on absent class member standing, particularly where the...more
4/1/2021
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TransUnion LLC v Ramirez
Sometimes settlement with a putative class of nationwide consumers is the best option for resolution. However, since the initial ruling of the Ninth Circuit in In re Hyundai & Kia Fuel Econ. Litig., the mechanism to go about...more
The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in Culberson v. Walt Disney Parks...more
On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more
For years, companies doing business in New Jersey have been plagued by an archaic statute— the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA,” pronounced Tick-wa-nah)—adored only by consumer class action...more