Yesterday, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class...more
It’s been a while since I updated you on the status of class action litigation regarding the application of depreciation to labor costs on property insurance claims. There have been three decisions since my last update, with...more
Campbell-Ewald Co. v. Gomez was argued yesterday in the U.S. Supreme Court. It is one of several major class action cases that will be decided by the Court this Term. It presents the question of whether a putative class...more
There has been a lot of activity in the federal courts of appeals recently regarding the use of offers of judgment to named plaintiffs in class actions. The Fifth and Seventh Circuits recently held that an unaccepted Rule 68...more
9/3/2015
/ Campbell Ewald v Gomez ,
Certiorari ,
Class Action ,
Genesis HealthCare ,
Genesis Healthcare Corp. v. Symczyk ,
Insurance Industry ,
Mootness ,
Private Schools ,
Putative Class Actions ,
Right to Privacy ,
Rule 68 ,
SCOTUS ,
TCPA ,
Unsolicited Faxes
As an update to my March 29, 2015 blog post on the status of class actions on the labor depreciation issue, a Kansas federal court recently granted summary judgment in favor of an insurer.
In Graves v. American Family...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 Rule 23 Subcommittee of the federal Judicial Conference Advisory Committee on Civil Rules recently issued a report with proposed amendments to Rule 23. These are at an early stage and far from final recommendations....more
It is important to remember that when a putative class action is remanded to state court under the Class Action Fairness Act (“CAFA”), that may not be the end of the jurisdictional battle. ...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
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
Insurers or their vendors generally use software to perform valuations of vehicles for total losses on auto insurance claims. This software will typically use databases of recent sales or prices offered for comparable...more