Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements...more
Class actions typically involve a proposed class of plaintiffs seeking recovery from the same defendant on similar grounds. But that is not the only animal in the class action corral. Rule 23 makes this clear in its very...more
5/9/2019
/ Calculation of Damages ,
Class Action ,
Class Members ,
Class Representatives ,
Decertification ,
Due Process ,
Enforcement Actions ,
FRCP 23 ,
FRCP 23(b)(1) ,
Ponzi Scheme ,
Securities and Exchange Commission (SEC)
The Supreme Court’s decision in China Agritech Inc. v. Resh means that class action plaintiffs can no longer rely on serial class actions to toll their statute of limitations indefinitely. Instead, the Supreme Court held that...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
In 2015, the Rule 23 Subcommittee to the Advisory Committee on Civil Rules floated the idea of amending Rule 23 to eliminate the predominance requirement for class certification in the settlement context. The suggestions...more
From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more
1/26/2018
/ American Pipe & Construction Co. v. Utah ,
Appellate Review ,
Ascertainable Class ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Congressional Review Act ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
FACTA ,
FCC ,
Financial Institutions ,
FRCP 23 ,
Microsoft v Baker ,
New Amendments ,
Personal Jurisdiction ,
Retirement ,
Richard Posner ,
SCOTUS ,
Securities Act of 1933 ,
SLUSA ,
Split of Authority ,
Spokeo v Robins ,
Statutory Damages ,
Subject Matter Jurisdiction ,
TCPA ,
The Fairness in Class Action Litigation Act of 2015 ,
Tolling ,
Trump Administration ,
Voluntary Dismissals
Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled...more
In a case that reveals the darker aspects of what can sometimes be an ugly competition for the class counsel role, the Eleventh Circuit rendered an opinion last week finding that a group of plaintiffs were entitled to...more
All class-action practitioners understand the importance of a court’s decision to certify a class—the pivotal point at which a putative class action can transform into a reality, promising vast settlement pressure on the...more
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
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