The U.S. Court of Appeals for the Eleventh Circuit recently solidified an important rule about class standing: the definition of a class in a settlement agreement must be limited to class members with Article III standing....more
The Seventh Circuit remanded an Instagram user’s appeal after the court found that Groupon’s notice of removal did not allege the citizenship of any diverse member of the putative class. The decision highlights the importance...more
10/28/2019
/ Advertising ,
Appeals ,
CAFA ,
Class Certification ,
Consumer Privacy Rights ,
FRCP 23(f) ,
Groupon ,
Instagram ,
Interlocutory Appeals ,
Mandated Diversity Requirements ,
Motion to Remand ,
Online Advertisements ,
Online Platforms ,
Popular ,
Putative Class Actions ,
Removal ,
Resident Status ,
Right of Publicity ,
Subject Matter Jurisdiction
Mirror, mirror on the class, are damages what you really asked?
The Eleventh Circuit reversed an interlocutory order certifying an injunction class, rejecting the plaintiffs’ ploy “to lop off all the damages-based warts...more
9/27/2019
/ Appeals ,
Class Certification ,
Damages ,
Declaratory Relief ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Injunctive Relief ,
Insurance Litigation ,
Interlocutory Orders ,
Physicians ,
PIP Coverage ,
Predominance Requirement ,
Reversal ,
Standing
On May 28, 2019, Justice Clarence Thomas — joined by unlikely allies Justices Ginsburg, Breyer, Sotomayor, and Kagan — wrote the 5-4 majority opinion holding that third-party counterclaim defendants in class actions do not...more
5/31/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
Our prior blogs have discussed the Third Circuit’s “rigorous” ascertainability requirement for 23(b)(3) classes. We have also explored how district courts in the Circuit, such as the Eastern District of Pennsylvania, have...more
The Northern District of Illinois recently granted defendant American Airlines’ motion to strike class allegations in a passenger’s breach of contract suit brought after American cancelled plaintiff’s flight reservation when...more
10/15/2018
/ Airlines ,
American Airlines ,
Aviation Industry ,
Breach of Contract ,
Class Action ,
Consumer Contracts ,
FRCP 23(b)(3) ,
International Travel ,
Motion To Strike ,
Predominance Requirement ,
Transportation Industry