In Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 94 F.4th 492 (5th Cir. 2024), the U.S. Court of Appeals for the Fifth Circuit addressed an unresolved question regarding the local controversy exception under...more
Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes -
In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more
12/1/2023
/ Appeals ,
Appellate Courts ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
FRCP 23 ,
Judicial Review ,
Mandamus Petitions ,
Mass Tort Litigation ,
Vacated
Post-TransUnion, A Closer Examination of Threshold for Article III Standing-
Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more
8/18/2023
/ Appeals ,
Article III ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Litigation ,
Damages ,
En Banc Review ,
Mass Tort Litigation ,
Popular ,
SCOTUS ,
Settlement ,
Standing ,
Subject Matter Jurisdiction ,
TransUnion LLC v Ramirez
The decision to grant or deny class certification is usually the most pivotal aspect of a putative class action. A denial of class certification frequently disposes of the case altogether, while a grant often leads to...more
SCOTUS Leaves Standing 9th Circuit Ruling in Tuna Case That, at Certification, Plaintiffs Need Not Show Putative Class Has Few Unharmed Members -
Litigation of the class certification question nearly always involves expert...more
Motions To Strike Class Allegations: Here To Stay or Going out of Style?
By their nature, class actions, given the prospect of classwide liability and potentially millions (if not billions) in aggregated damages, are...more
Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability?
As we discussed in our Spring 2017 issue of The Class Action Chronicle, courts have struggled to define the...more
3/10/2021
/ Administrative Feasibility ,
Ascertainable Class ,
Breach of Contract ,
Class Action ,
Class Certification ,
Class Members ,
Class Representatives ,
Fraudulent Concealment ,
FRCP 23 ,
FRCP 23(b)(3) ,
Racketeering ,
RICO ,
Standing ,
Statute of Limitations
Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When?
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more
8/11/2020
/ Article III ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Class Members ,
Class Representatives ,
Direct Purchasers ,
Discovery ,
Due Process ,
Forum Selection ,
FRCP 23 ,
FRCP 26(b)(1) ,
Mass Tort Litigation ,
Multidistrict Litigation ,
Out-of-State Residents ,
Personal Jurisdiction ,
Putative Class Actions ,
Ripeness ,
SCOTUS ,
Split of Authority ,
Standing ,
Subject Matter Jurisdiction ,
Substantially Similar ,
Vacated ,
Venue ,
Writ of Mandamus
Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more
1/27/2020
/ All Natural ,
Appeals ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Consumer Fraud ,
Corporate Counsel ,
Deceptively Misdescriptive ,
False Advertising ,
FRCP 23 ,
Labeling ,
Multidistrict Litigation ,
Non-Residents ,
Out-of-State Residents ,
Pending Litigation ,
Personal Jurisdiction ,
Rules Enabling Act ,
Settlement Negotiations
In this issue, we cover two decisions granting motions to strike/dismiss class claims, three decisions denying such motions, 26 decisions denying class certification or reversing grants of class certification, 22 decisions...more
12/26/2017
/ CAFA ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Decertification ,
FDCPA ,
FRCP 26 ,
Lack of Jurisdiction ,
Motion to Dismiss ,
Motion to Remand ,
Motion To Strike ,
Reversal ,
TCPA
In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more
1/22/2016
/ Article III ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Cy Pres Funds ,
Due Process ,
FRCP 23 ,
Litigation Funding ,
Mass Tort Litigation ,
Multidistrict Litigation ,
SCOTUS ,
Standing ,
Third-Party Relationships ,
Tyson Foods v Bouaphakeo ,
Young Lawyers
In This Issue:
- The Fairness in Class Action Litigation Act of 2015
- Class Certification Decisions:
..Decisions Granting Motions to Strike/Dismiss Class Claims
..Decisions Denying Motions to...more
6/17/2015
/ Breach of Contract ,
CAFA ,
Chamber of Commerce ,
Class Action ,
Class Certification ,
Commonality ,
Damages ,
Declaratory Relief ,
Discovery ,
Dukes v Wal-Mart ,
Estoppel ,
FACTA ,
FDCPA ,
FRCP 23 ,
Injunctive Relief ,
Jurisdiction ,
Leave to Amend ,
Local Controversy Exception ,
Motion to Dismiss ,
Motion To Strike ,
Predominance Requirement ,
Product Defects ,
Putative Class Actions ,
Reasonable Person Test ,
Remand ,
Res Judicata ,
Rule 68 ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA ,
The Fairness in Class Action Litigation Act of 2015
In This Issue:
- Nexium and the Problems of Overbroad Class Actions
- Class Certification Decisions:
..Decisions Granting Motions to Strike/Dismiss Class Claims
..Decisions Denying Motions to Strike/Dismiss...more
This is the sixth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more
This is the fifth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more
In This Issue:
- Avoiding Class Certification Through an Offer of Judgment
- CLASS CERTIFICATION DECISIONS:
..Decisions Granting Motions to Strike
..Decisions Denying Motions to Strike...more
This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more
3/8/2014
/ Ascertainable Class ,
Breach of Contract ,
Breach of Warranty ,
Burden of Proof ,
Butler v Sears ,
CAFA ,
Class Action ,
Class Certification ,
Commonality ,
Consumer Protection Act ,
EFTA ,
FDCPA ,
Fraud ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Halliburton v Erica P. John Fund ,
Indirect Purchasers ,
Injunctions ,
Motion To Strike ,
Negligence ,
Numerosity ,
Pharmaceutical Industry ,
Predominance Requirement ,
Presumption of Reliance ,
Removal ,
RESPA ,
Rule 68 ,
Securities Litigation ,
Standing ,
Subject Matter Jurisdiction ,
TCPA ,
Unfair Competition ,
Whirlpool v Glazer
Earlier today, the U.S. Supreme Court declined to review decisions upholding class certification in two cases that have garnered increasing scrutiny by the legal community — Butler v. Sears, Roebuck & Co. and Whirlpool Corp....more
On August 21, 2013, the U.S. Court of Appeals for the Third Circuit reversed certification of a class action comprised of Florida purchasers of Bayer’s One-A-Day WeightSmart multivitamin. See Carrera v. Bayer Corp., No....more