The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more
8/8/2024
/ Appellate Courts ,
Article III ,
Class Action ,
Class Certification ,
Class Representatives ,
Corporate Counsel ,
Putative Class Actions ,
SCOTUS ,
Standing ,
Statute of Limitations ,
Tolling
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. ...more
The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more
3/20/2024
/ Appellate Courts ,
Article III ,
Attorney's Fees ,
CAFA ,
Class Action ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
Denial of Certiorari ,
FDCPA ,
Injunctive Relief ,
Putative Class Actions ,
Rule 11 ,
Sanctions ,
SCOTUS ,
Standing ,
TransUnion ,
Unfair or Deceptive Trade Practices
The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more
2/26/2024
/ Appeals ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
CAFA ,
Certiorari ,
Class Action ,
Class Certification ,
D.R. Horton ,
Federal Arbitration Act ,
Predominance Requirement ,
SCOTUS ,
Smith v Spizzirri ,
Visa Inc
Welcome to the inaugural edition of Classified Monthly: A Roundup of Class Action Decisions from Federal Appellate Courts.
The Roundup normally will arrive in your inbox the first week of each month and will cover the...more
1/22/2024
/ CAFA ,
Class Action ,
Class Certification ,
Class Representatives ,
Diversity Jurisdiction ,
Fee Awards ,
Injunctions ,
Petition for Writ of Certiorari ,
Predominance Requirement ,
Putative Class Actions ,
SCOTUS ,
Settlement Agreements
The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in...more
The Eleventh Circuit recently imparted an important message to the class action bar, and in particular to attorneys representing different named plaintiffs in competing class actions: there is “only one gatekeeper under Rule...more
The Third Circuit Court of Appeals recently issued a decision regarding the fee award in the National Football League concussion injury litigation. The decision is non-precedential but still instructive. ...more
It is well known that, at least in the federal system and Florida, a defendant who fails to raise lack of personal jurisdiction in a pre-answer motion to dismiss waives that defense. But there is an exception to this rule: If...more
11/14/2019
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Defense Strategies ,
Financial Services Industry ,
Lack of Jurisdiction ,
Litigation Strategies ,
Motion to Dismiss ,
Non-Residents ,
Personal Jurisdiction ,
Preservation of Rights ,
Trial Preparation ,
Waiver of Rights
Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more
11/1/2019
/ Breach of Contract ,
D&O Insurance ,
Diversity Jurisdiction ,
Endorsements ,
Errors and Omissions Policy ,
Insurance Litigation ,
Liability Insurance ,
Policy Exclusions ,
Professional Liability ,
Third-Party ,
Unenforceable Contract Terms
The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more
9/17/2019
/ Amicus Briefs ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Certification ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Fourth Amendment ,
Interlocutory Appeals ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Violations ,
Social Media ,
Spokeo v Robins ,
Standing
Lin v. Everyday Beauty is an Eastern District of New York decision addressing an issue that has divided district courts in the Second Circuit and elsewhere: Whether a federal court may consider inadmissible evidence when...more
9/10/2019
/ Affidavits ,
Class Action ,
Class Certification ,
Class Members ,
Dukes v Wal-Mart ,
Evidence ,
Evidentiary Rulings ,
Evidentiary Standards ,
FRCP 23 ,
Hearsay ,
Inadmissible Evidence
Bell v. Brockett is an unusual case in several respects. Most notably, the Fourth Circuit affirmed certification of a defendant class, despite acknowledging that defendant class actions are “so rare they have been compared to...more
I was fortunate enough to clerk for Judge David Hamilton on the Seventh Circuit Court of Appeals, and thus to observe his questioning at oral argument. I was struck by something that I noticed over time was a habit of his....more
Bakov v. Consolidated World Travel, Inc. is the latest salvo in the conflict over whether the Supreme Court’s personal jurisdiction decision in Bristol-Myers Squibb applies in the class action context. ...more