The Fairness in Class Action Litigation Act, also known as H.R. 985, passed the House earlier this year by a largely party line vote. If passed, this bill would represent the most significant class action reform legislation...more
In 2016, House Republicans sponsored legislation aimed at curbing “no injury” class actions, which was supported by testimony from DRI, among others. The legislation passed the House but died in the Senate. Earlier this month...more
The U.S. Court of Appeals for the Eighth Circuit has sent the Target data breach consumer class action settlement back to the trial court for a second look at class certification, holding that the district judge did not...more
Monday morning, the United States Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins (No. 13-1339), which addresses the question of whether a bare allegation of a statutory violation, unaccompanied by...more
As expected, yesterday the Consumer Finance Protection Bureau (CFPB) announced a proposed rule that would effectively ban class action waivers in pre-dispute arbitration agreements for a broad range of consumer financial...more
Effectively responding to class litigation doesn’t necessarily mean simply preparing an answer or perfunctory motion to dismiss, diving headlong into class discovery, investing in full-fledged combat on the merits of the...more
In this Newsletter:
- An Aspect Of Adequacy: Do Traditional Standing Requirements Apply To Statutory Class Actions?
- The Fair Debt Collection Practices Act: A Constantly Shifting Battlefield.
- Telephone...more
In this Newsletter:
- Gather The Facts And Assess The Risk Up Front.
- If The Class Action Is Filed In State Court, Think Strategically About Whether To Remove.
- Invest Time, Effort And Resources In...more
Earlier this week, in Halliburton Co. v. Erica P. John Fund, Inc., the United States Supreme Court upheld the “fraud-on-the-market” theory in federal securities fraud class actions, but ruled that at the class certification...more
A unanimous United States Supreme Court has now ruled that self-appointed would-be class representatives cannot defeat Class Action Fairness Act (CAFA) removal by simply purporting to limit the damage claims of class members...more