This week, in China Agritech, Inc. v. Resh, the U.S. Supreme Court ruled that, under its prior decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), the filing of a putative class action suit tolls the...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
The Ninth Circuit recently ruled in favor of President Trump. That was not a typo, and this is not fake news. The ruling was not in favor of Trump in his official capacity, but in his capacity as a class action defendant....more
The Ninth Circuit’s decision this week vacating a class action settlement in In re Hyundai and Kia Fuel Economy Litig., No. 15-65014 (9th Cir. Jan. 23, 2018) is getting a lot of attention in the class action bar. ...more
In a long-running employment class action in California, a California Court of Appeal recently addressed once again the use of surveys of class members....more
When a defendant receives an adverse decision on a motion for class certification, whether the court of appeals grants permission to appeal under Rule 23(f) of the Federal Rules of Civil Procedure (or a state-court...more
This week the Eighth Circuit issued its long-awaited decision in a class action against State Farm involving the “labor depreciation” issue that I have covered extensively on this blog. State Farm prevailed on both the merits...more
10/2/2017
/ Appeals ,
Cash Value ,
Class Action ,
Class Certification ,
Denial of Insurance Coverage ,
Depreciation ,
FRCP 23(f) ,
Insurance Industry ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Repairs ,
State Farm
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more
6/20/2017
/ Article III ,
Class Action ,
Class Certification ,
Design Defects ,
Dismissal With Prejudice ,
FRCP 23 ,
FRCP 23(f) ,
Interlocutory Appeals ,
Microsoft v Baker ,
SCOTUS ,
Standing ,
Xbox
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more
Justice Scalia made major contributions to class action law, writing the Supreme Court’s opinions in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend, two of the Court’s most significant class action decisions in...more
2/3/2017
/ Abuse of Discretion ,
BP ,
CAFA ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Judicial Appointments ,
Neil Gorsuch ,
Nominations ,
SCOTUS ,
Trump Administration
One of the first significant class action appellate decisions of 2017 was issued this week. In Briseno v. ConAgra Foods, Inc., No. 15-55727 (9th Cir. Jan. 3, 2017), the Ninth Circuit held that Rule 23 does not require that it...more
I thought readers might find helpful some broader observations on strategies for defending class actions in 2016...
Dig in Deep Early: Some defense counsel are accustomed to the practice of filing a motion to dismiss...more
I have had a busy summer and am overdue in updating readers on recent decisions in class actions against insurers involving the “labor depreciation” issue. The issue involves whether, when insurers estimate the “actual cash...more
Yesterday, the Supreme Court issued its opinion in Tyson Foods v. Bouaphakeo, addressing the use of statistical evidence in class actions. The plaintiffs’ bar will undoubtedly claim the decision as a victory because class...more
3/23/2016
/ Class Action ,
Class Certification ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
Popular ,
Rules Enabling Act ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
One of the issues I’ve been covering on this blog is a series of putative class actions in Georgia arising out of a Georgia Supreme Court decision in 2012, which held that diminution in value of real property is potentially...more
As our nation and especially the legal community mourn the death of one of the most charismatic and influential Supreme Court justices in our history, one question that might be asked is how Justice Scalia’s death might...more
A recent decision by a Florida appellate court highlights an important point that defendants can effectively raise in other jurisdictions as well – a named plaintiff’s failure to timely seek certification can, by itself, be...more
Ascertainability has been a hot topic in class action appeals recently. The Third Circuit recently clarified its ascertainability standard (see my April 20 blog post). The committee considering potential Rule 23 amendments is...more
The U.S. Supreme Court is poised to decide next Term, in Tyson Foods, Inc. v. Bouaphakeo, whether a class can be certified when many class members lack injury (see my June 16 post for more on that). The Ohio Supreme Court...more
I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more
6/17/2015
/ Article III ,
AT&T ,
AT&T Mobility v Concepcion ,
Bayer ,
Campbell Ewald v Gomez ,
Certiorari ,
Class Action ,
Class Certification ,
Doffing ,
Donning ,
Dukes v Wal-Mart ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Genesis HealthCare ,
Genesis Healthcare Corp. v. Symczyk ,
Popular ,
Property Damage ,
Public Works ,
Putative Class Actions ,
Robocalling ,
Safety Equipment ,
SCOTUS ,
Settlement Offer ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Summary Judgment ,
TCPA ,
Text Messages ,
Trial-by-Formula ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
U.S. Navy ,
Unpaid Overtime ,
Wage and Hour ,
Wal-Mart
The Third Circuit recently joined the Seventh, Eighth, and Ninth Circuits in holding that, where a Daubert challenge is made to the use of expert testimony in support of class certification, the Daubert challenge must be...more
Ascertainability is an implied requirement for class certification, not expressly addressed in Fed. R. Civ. P. 23. While there are different formulations of the requirement, in essence it requires that there be an adequate...more
The Second Circuit recently addressed a panoply of class certification issues in two opinions. Both decisions ruled in favor of the plaintiffs, but will help defendants tailor their arguments in future cases....more
One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not have standing to sue. ...more
Following the Supreme Court’s decision in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), lawyers have debated whether a defendant can defeat a class action by offering full relief to the named plaintiff(s),...more
A recent decision of the Texas Court of Appeals in Austin (Third District) caught my eye. Not because it involved insurance; rather, it was a securities class action challenging a board of directors’ approval of a corporate...more