A highlight from this issue includes Class Definitions....more
Highlights from this issue include cases such as Pro Se Civil Rights Class Actions. The Seventh Circuit affirmed that a pro se prisoner cannot adequately represent a class, and more....more
2/14/2025
/ Appeals ,
Appellate Courts ,
Article III ,
Civil Rights Act ,
Class Action ,
Class Members ,
Damages ,
Pro Se Litigants ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez
A highlight from this issue includes: Unique Defenses Specific to the Named Plaintiff....more
In a question of first impression, the Seventh Circuit joined the Second, Third, Fourth, Sixth and Ninth Circuits—and disagreed with the Fifth Circuit—and held that a party seeking certification of an issue class under Rule...more
Individuals with Disabilities Education Act (IDEA)....more
Standing. The D.C. Circuit held that plaintiffs do not have Article III standing to appeal an adverse class certification decision after those individual plaintiffs prevail in their individual suit....more
Standing. The Fifth Circuit declined the opportunity to determine whether it would follow the “class certification” or the “standing” approach to standing....more
Appellate Rights. The Eleventh Circuit held that if a putative class member intervenes in a case after class certification is denied and after a Rule 23(f) petition is denied, that class member cannot appeal the denial of...more
Class Action Settlements. The Tenth Circuit held that in determining how to calculate attorneys’ fees and...more
Predominance and Classwide Damage Models. The Ninth Circuit held that class action plaintiffs may rely on a reliable though not-yet-executed damages model (in this case a proposed but not done conjoint analysis) to...more
Class Action Fairness Act (CAFA) Jurisdiction. The Fifth Circuit held as a matter of first impression that the term “principal injuries” in the CAFA’s local controversy exception “qualitatively and comparatively evaluates the...more
Communications with Class Members. The Seventh Circuit affirmed the district court awarding attorneys’ fees and civil sanctions against defendants for encouraging class members to opt-out during the class notice period....more
Federal appellate court decisions can provide class action practitioners a wealth of practice tips, Shook Partner Mitch Engel wrote in Law360. Engel authored “Class Actions at the Circuit Court: February Lessons,” his first...more
Highlights from this issue include: Ascertainability. The Fourth Circuit reiterated that it imposes an implicit “ascertainability” requirement pursuant to which a class cannot be certified unless a court can readily identify...more
Attorney Cannot Serve As Both Class Representative and Counsel. The Second Circuit affirmed the denial of class certification in a case brought against the Government of England asserting injuries arising from the lasting...more
The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include...more
Ascertainability. The Tenth Circuit affirmed it treated ascertainability as a sub-requirement of numerosity, not a standalone criteria. The Tenth Circuit affirmed the denial of certification of a class of college students who...more
Fail-Safe Class Definition. The District of Columbia Circuit reversed a district court’s denial of a class action on the grounds the plaintiffs had proposed an impermissible “fail safe” class—i.e., a class definition for...more
Immigration -
Judge Wright of the Central District of California certified a class alleging that U.S. Immigration and Customs Enforcement officers violated the Fourth Amendment’s prohibition on unreasonable searches and...more
4/17/2023
/ CAFA ,
Class Action ,
Environmental Liability ,
Fossil Fuel ,
Fourth Amendment ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Negligent Misrepresentation ,
Oil & Gas ,
Public Health ,
Search & Seizure
Arbitration.
The Ninth Circuit held Xerox waived its right to compel arbitration against putative class members when it acted inconsistently with its right to arbitrate prior to class certification in litigation against a...more
Highlights from this issue include:
Class Action Fairness Act. The jurisdiction of the Class Action Fairness Act does not apply when “the primary defendants are States, State officials, or other governmental entities...more
2/10/2023
/ Administrative Procedure Act ,
CAFA ,
Class Action ,
Class Certification ,
Consumer Fraud ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Industry ,
Jurisdiction ,
Medicaid ,
Statutory Violations
Highlights from this issue include:
Affirmative Defenses. The Second Circuit held the district court erred in certifying a class alleging ERISA violations because it did not consider Defendant’s affirmative defenses in...more
1/16/2023
/ Affirmative Defenses ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Employee Retirement Income Security Act (ERISA) ,
IKEA ,
Lyft ,
Predominance Requirement ,
Securities Violations ,
Unfair or Deceptive Trade Practices
EPA Guidance on Superfund Site Field Work and Other Enforcement Issues -
The U.S. Environmental Protection Agency (EPA) has issued a guidance document that outlines how the agency’s regional administrators should consider...more