Mootness and the Inherently Transitory Exception. The Sixth Circuit held that when analyzing a putative class action, the “inherently transitory” exception to the mootness doctrine applies when (1) the injury is so transitory...more
A highlight from this issue includes Class Definitions....more
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
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
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
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
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