Highlights from this issue include:
Communications with Class Members. The Seventh Circuit affirmed the district court awarding attorneys’ fees and civil sanctions against defendants for encouraging class members to opt-out during the class notice period.
Article III Standing. The Ninth Circuit reaffirmed that plaintiffs must prove Article III standing by a preponderance of the evidence at the class certification stage and that standing can be raised on appeal even if it was not raised before the district court.
Manageability/Superiority and Individual Damages. The Ninth Circuit reaffirmed the manageability prong of the superiority requirement is met even if damages need to be individually calculated.
