Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains -
The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...more
1/11/2024
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Insurance Industry ,
Investment Funds ,
Life Insurance ,
Proposed Rules ,
Putative Class Actions ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Securities Traders ,
Whistleblowers
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 Eastern District of New York recently held that a former class counsel’s spouse was an inadequate class representative due to the conflict of interest created by the relationship....more
A district court recently disqualified a plaintiff from acting as a class representative because his spoliation of evidence rendered him an atypical class member. The plaintiffs allege that casting sand used in creating Jeep...more
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 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 Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber Technologies, Inc. (“Uber”) on behalf of themselves and a putative class...more
1/4/2017
/ Arbitration ,
Background Checks ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Pre-Employment Agreements ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Sharing Economy ,
Uber
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 plaintiff filed a putative class action in Pennsylvania state court against two Pennsylvania defendants and one Virginia defendant, claiming that the defendants preyed on non-English speakers, illegally coercing them to...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 Central District of California denied certification of a putative nationwide class of mortgagors, holding that numerous individualized issues precludeda finding of predominance, superiority, or ascertainability. In...more
The U.S. District Court for the Northern District of Georgia denied plaintiffs’ motion for nationwide class certification because the proposed class did not meet Rule 23’s commonality or predominance requirements. The...more