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
The plaintiff brought a putative class action after allegedly defaulting on charges for medical services. Shortly thereafter, the creditor assigned, placed, or transferred the debt to the defendants for collection. ...more
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
The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut the presumption established by the...more
1/31/2018
/ Appeals ,
Barclays ,
Burden of Persuasion ,
Burden of Production ,
Class Action ,
Class Certification ,
Collateralized Debt Obligations ,
Conflicts of Interest ,
FRCP 23(b)(3) ,
Goldman Sachs ,
Material Misstatements ,
Preponderance of the Evidence ,
Rule 10(b) ,
Rule 10b-5 ,
Securities Exchange Act ,
Securities Fraud ,
Securities Violations ,
Stocks
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
5/18/2017
/ Americans with Disabilities Act (ADA) ,
Class Certification ,
Commonality ,
Disability Discrimination ,
FRCP 23 ,
FRCP 23(a) ,
FRCP 23(b)(2) ,
Injury-in-Fact ,
Kohls ,
Numerosity ,
NYHRL ,
Public Access Laws ,
Putative Class Actions ,
Retail Market
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
3/27/2017
/ Baseball ,
Class Action ,
Class Certification ,
Employment Litigation ,
FRCP 23 ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
MLB ,
Motion for Reconsideration ,
Putative Class Actions ,
Wage and Hour
Within roughly three weeks, the Second Circuit issued two opinions applying the Supreme Court’s Campbell-Ewald Co. v. Gomez decision to class action cases involving Rule 68 offers of judgment. On February 15, 2017, in Leyse...more
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
The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. (“ConAgra”) by consumers who claimed that ConAgra’s “100% Natural” labels on Wesson cooking oils were false or misleading....more
1/18/2017
/ Administrative Feasibility ,
Ascertainable Class ,
Class Action ,
Class Certification ,
ConAgra ,
Food Labeling ,
Food Manufacturers ,
FRCP 23 ,
FRCP 23(f) ,
Natural Products ,
Putative Class Actions
The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. (“ConAgra”) by consumers who claimed that ConAgra’s “100% Natural” labels on Wesson cooking oils were false or misleading....more
The Sixth Circuit recently affirmed approval of a class action settlement agreement, holding that “a post-settlement change in the law does not alter the binding nature of the parties’ settlement agreement, nor does it...more
A New Jersey district court denied certification of a putative class of furniture delivery drivers and helpers employed by various transportation companies (the “Driver/Helpers”) and individuals who owned those transportation...more
3/30/2016
/ Class Certification ,
Commonality ,
Corporate Counsel ,
FRCP 23(b)(3) ,
Independent Contractors ,
Misclassification ,
Predominance Requirement ,
Putative Class Actions ,
Transportation Industry ,
Wage and Hour ,
Williams-Sonoma
The Eastern District of Michigan recently certified a class of plaintiffs suing under the Telephone Consumer Protection Act (TCPA), rejecting the defendants’ arguments that: (1) there would be “significant issues” identifying...more
The Ninth Circuit held that a state court’s certification order, under which CAFA’s amount in controversy would be met, created a new basis for defendant to remove the case to federal court. The plaintiff had filed a putative...more
The Second Circuit vacated a class certification order issued by the Southern District of New York, finding that Rule 23(b)(3)’s predominance and superiority requirements could not be met given the necessity of applying 27...more
A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable...more
Plaintiffs alleged in their putative nationwide class action complaint that Quest Diagnostics was liable for consumer fraud, unjust enrichment, and violations of the Fair Debt Collections Practices Act for overbilling...more
In Dunford v. American Databank, LLC, the plaintiff alleged that the defendant violated the Fair Credit Reporting Act by including within her criminal background report charges that were more than seven years old. The...more
The Southern District of Texas recently denied certification of a subclass of BP shareholders who purchased shares prior to the Deepwater Horizon explosion and alleged that misstatements regarding safety improvements caused...more
After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality...more