Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more
5/16/2024
/ Attorney's Fees ,
Auto-Dialed Calls ,
CAFA ,
Class Action ,
Class Members ,
Corporate Counsel ,
Putative Class Actions ,
Settlement ,
Statutory Violations ,
TCPA ,
Text Messages
When negotiating a class action settlement, lawyers on both sides may need to consider whether subgroups within the class need to be separately represented by different counsel. The First Circuit recently reached that...more
Last week the Eleventh Circuit addressed an issue that many class action practitioners probably haven’t thought much about: whether approval of a class action settlement requires that each class member obtaining relief have...more
8/1/2022
/ Article III ,
CAFA ,
Class Action ,
Class Certification ,
Class Members ,
FRCP 23(e) ,
Injury-in-Fact ,
Settlement Agreements ,
Settlement Negotiations ,
Standing ,
TCPA
A recent Seventh Circuit decision makes an important point about how the principle that a court generally need not resolve the merits to decide class certification is bilateral – it applies to both affirmative claims and...more
A recent decision by the Eighth Circuit in a Telephone Consumer Protection Act (TCPA) class action provides an important pointer for defendants and their counsel with respect to strategy in defending a putative class action....more
Here are my highlights from the second day of DRI’s 2017 Class Action Seminar:
Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) -
Neal Katyal is a leading Supreme Court advocate and is litigating...more
8/3/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Ethics ,
FRCP 23 ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Settlement ,
TCPA
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
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
Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete...more
11/4/2015
/ Article III ,
Class Action ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Insurance Industry ,
Privacy Laws ,
Private Right of Action ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
TCPA
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
Liability insurers are sometimes faced with a difficult scenario: Their insured has been sued in a class action with potentially large stakes. The insurer believes they have no duty to defend and a denial of coverage is...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
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