After receiving a bankruptcy discharge, a borrower whose home is pending foreclosure has two options: stay in the home and, perhaps, make voluntary payments on the mortgage, or leave the home and start fresh. When a debt...more
11/14/2019
/ Bankruptcy Code ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Bankruptcy ,
Debt Collection ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
FRCP 23(b)(3) ,
Homeowners ,
Mortgages ,
Popular ,
Preemption ,
Putative Class Actions ,
Reversal ,
Statutory Violations
The Second Circuit recently rejected the “heightened” ascertainability requirement under Rule 23(b)(3), turning aside a challenge to a district court’s certification of a securities fraud class action. Instead, the court...more
A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the...more
5/10/2017
/ Article III ,
Baby Products ,
CUTPA ,
False Advertising ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Johnson & Johnson ,
Labeling ,
Natural Products ,
Personal Care Products ,
Putative Class Actions ,
Standing ,
Unfair or Deceptive Trade Practices
Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private...more
5/10/2017
/ Ascertainable Class ,
ASTM ,
Class Action ,
Commonality ,
Construction Defects ,
Construction Industry ,
Florida ,
FRCP 23 ,
FRCP 23(b)(3) ,
Homeowners ,
Predominance Requirement ,
Real Estate Development ,
Statute of Limitations ,
Superiority Claims
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
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
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