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Ninth Circuit summarily reverses exclusion of conjoint survey with “major flaws”

Takeaway: Following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the ability of a class action plaintiff to win class certification can often rise or fall with the plaintiff’s ability...more

Motions to strike: Eighth Circuit reverses district court refusal to strike class allegations

Takeaway: As we have written on a number of occasions, many courts instinctively have a negative view of motions to strike class allegations. Still, a motion to strike can be a viable strategy for a class defendant faced with...more

4 Key Takeaways - Conjoint Surveys in Class Actions: What You Don’t Know CAN Hurt You

Kilpatrick Townsend’s class action defense specialists Nancy Stagg and Joe Reynolds recently presented a webinar addressing “Conjoint Surveys in Class Actions: What You Don’t Know CAN Hurt You.” They discussed how plaintiffs...more

District Court Rejects Class of Pop Warner Football Parents for Lack of Common Misrepresentations

Takeaway: In a false advertising case, one of the key issues for certifying a class is establishing that all putative class members were exposed to the same representations. Where there are no uniform channels through which...more

N.D. Cal. sounds the death knell on “diet” soda class actions

Takeaway: We previously reported on a string of cases by the Southern District of New York and Northern District of California dismissing deceptive labeling class actions based on the marketing of “diet” soda. See July 9,...more

S.D.N.Y. joins N.D. Cal. in rejecting claim that “diet” soda is deceptive to a reasonable consumer

Takeaway: Defendants confronted with deceptive labeling class actions often face an uphill battle in convincing courts, at the threshold motion to dismiss stage, that a reasonable consumer would not be deceived by a product...more

Fourth Circuit Reaffirms Pre-Dart Cherokee Ruling that Counter-Defendant Cannot Remove Class Action Counterclaims Under CAFA

In Jackson v. Home Depot U.S.A., Inc., 880 F.3d 165 (4th Cir. Jan. 22, 2018), the Fourth Circuit held a counter-defendant cannot invoke federal jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”). The Court...more

Seventh Circuit: American Pipe Tolling Stops When A Class Action Is Dismissed – With Or Without Prejudice – Before A Class Is...

Takeaway: In Collins v. Village of Palatine, Ill., — F.3d —, 2017 WL 5490819, at *1 (7th Cir. November 16, 2017), the Seventh Circuit announced a “simple and uniform” rule for determining when a once-tolled statute of...more

Third Circuit Endorses Standing for Putative Class of Eye Drop Consumers, Rejecting Seventh Circuit’s View

Takeaway: Ever since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), federal courts have grappled with the threshold standing question of what constitutes concrete injury in consumer class...more

U.S. Supreme Court Rejects Application Of American Pipe Tolling To Statutes Of Repose

Takeaway: In California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373, 2017 WL 2722415 (U.S. June 26, 2017), the Supreme Court issued its closely-watched decision regarding whether the filing of a...more

Spokeo Dismissals – With Prejudice, Without Prejudice or Something Else?

Takeaway: In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), federal courts and litigants have grappled not only with what constitutes an actionable injury sufficient to confer...more

Ninth Circuit Rejects Ascertainability as a Requirement for Class Certification Under Rule 23

A potent weapon for defending against class actions is the requirement that class members be “ascertainable.” Circuit courts phrase this requirement differently, but at bottom, it is two-fold: (1) the class must be...more

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