Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established...more
2/9/2017
/ Article III ,
Class Action ,
Class Certification ,
Corporate Counsel ,
FRCP 23 ,
FRCP 23(b)(3) ,
Injury-in-Fact ,
Invasion of Privacy ,
Robocalling ,
Spokeo v Robins ,
Standing ,
TCPA ,
Telecommunications
In a reversal of the usual scenario where a plaintiff seeks and a defendant resists class discovery, the Southern District of Ohio granted a defendant’s motion to compel answers to its interrogatory regarding who was included...more
1/30/2017
/ Banking Sector ,
Class Action ,
Class Certification ,
Credit Unions ,
Discovery ,
Interrogatories ,
Motion to Compel ,
Punitive Damages ,
RESPA ,
Reversal ,
Work-Product Doctrine
In Spokeo, the Supreme Court declined to answer the certified question of whether a plaintiff suing for violation of a federal statute satisfied Article III’s standing requirement by alleging no concrete injury as a result of...more
1/26/2017
/ Article III ,
Cable Communications Protection Act (CCPA) ,
Cable Operators ,
Class Action ,
Class Certification ,
Customer Information ,
Fair Credit Reporting Act (FCRA) ,
IKEA ,
Injury-in-Fact ,
Personally Identifiable Information ,
Song-Beverly Credit Card Act ,
Spokeo v Robins ,
Standing ,
Time Warner
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
12/7/2016
/ Article III ,
CAFA ,
Class Action ,
Class Certification ,
Jurisdiction ,
Oil & Gas ,
Settlement ,
Standing ,
Subject Matter Jurisdiction ,
Transportation Industry ,
Trucking Industry
In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies....more
On July 6, the Sixth Circuit addressed a question apparently left open by the Supreme Court in its recent Campbell-Ewald case. In Campbell-Ewald, the Supreme Court ruled that an unaccepted Rule 68 offer of judgment did not...more
The Seventh and Eighth Circuits both addressed motions to decertify classes the week of July 5—with divergent results. These cases illustrate the deference afforded district courts’ class certification determinations. Both...more
7/19/2016
/ Abuse of Discretion ,
Burden of Proof ,
Class Action ,
Class Certification ,
Eighth Amendment ,
Fourteenth Amendment ,
Hiring & Firing ,
Predominance Requirement ,
Prisoners ,
Termination ,
WARN Act
The Southern District of California decertified a nationwide consumer product class due to material differences between the state laws applicable to the claims. The plaintiff in Czuchaj v. Conair Corp. alleged a defect in...more
Khasin v. R. C. Bigelow, Inc., No. 12-CV-02204-WHO, 2016 WL 1213767 (N.D. Cal. Mar. 29, 2016), provides a recent example of a class-certification denial premised on the “damages model” rule expressed in Comcast Corp. v....more
In the latest class action involving front-loading washing machines, the Eleventh Circuit reversed the certification of two statewide Texas and California classes of purchasers contending that the front door seal on early...more
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more
2/15/2016
/ Ascertainable Class ,
CAFA ,
Chobani Inc ,
Class Action ,
Class Certification ,
ConAgra ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Contamination ,
Food Labeling ,
Food Manufacturers ,
FRCP 23(b)(3) ,
Natural Products ,
Ocean Spray ,
Organic ,
Preemption ,
Standing
The Eastern District of Missouri certified an unusual class of lawyers and their clients who undertook a collective effort to litigate claims against Bayer related to the purported “contamination” of the U.S. rice supply by...more
Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more
2/24/2015
/ Advertising ,
Ascertainable Class ,
Ben & Jerry's ,
Blue Diamond Growers ,
Class Action ,
Class Certification ,
Coca Cola ,
ConAgra ,
Dole Food ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Labeling ,
Food Manufacturers ,
FRCP 23 ,
Gerber ,
POM Wonderful ,
Preemption ,
Retailers ,
Smuckers
Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period. The plaintiffs alleged that the...more
This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits.
An order granting class certification is not the end of the battle regarding...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits.
The defense team must consider whether the company’s best interests are better...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we focus on the uses of expert testimony.
The Role of the Expert at the...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we begin a discussion of the use of expert testimony.
Occasionally,...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits.
Inside and outside counsel should have different but complimentary roles in...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here we discuss strategies in class action engagement, focusing on understanding the...more
The Supreme Court issued the second decision this term that will impact class action law. The issue in Standard Fire Ins. Co. v. Knowles, No. 11-1450 (March 19, 2013) concerned the common practice of a plaintiff who files a...more
The Florida Supreme Court issued in intriguing opinion in Soper v. Tire Kingdom, Inc., No. SC11-1462, which provokes questions about the trajectory of Florida class action law. In Tire Kingdom, the court reversed and...more