Robinson+Cole Class Actions Insider

Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees are…more

3/4/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Privacy

Supreme Court to Decide Key Question of Whether Rule 23(b)(3) Class May Be Certified if Some Proposed Class Members Lack any Article III Injury

On Friday, the U.S. Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis, No. 24-304, to decide “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure…more

1/27/2025 / Civil Procedure, Civil Rights

Exceptions to Class Action Fairness Act Jurisdiction Addressed by First Circuit

In class actions involving more than one defendant and at least one local defendant, two exceptions to jurisdiction under the Class Action Fairness Act (CAFA) potentially come into play. The “home state” exception applies if…more

11/18/2024 / Civil Procedure

Issues Classes Under Rule 23(c)(4): Seventh Circuit Focuses on Superiority

Plaintiffs sometimes seek to certify an “issues class” under Federal Rule of Civil Procedure 23(c)(4) (or an equivalent state court rule) if they anticipate difficulty certifying the entire case for class treatment, but certain…more

10/7/2024 / Civil Procedure, Labor & Employment Law

Attorneys’ Fees Award in Data Breach Class Action Settlement Reversed by Eighth Circuit

These days it seems like nearly every data breach results in a multitude of class action filings. Some of these cases settle quickly with minimal litigation. In such a case, the Eighth Circuit recently reversed an attorneys’…more

8/5/2024 / Civil Procedure, Privacy

New Texas Supreme Court Decision Highlights Several Defense Strategies for Defeating Class Certification

A recent Texas Supreme Court decision in a class action caught my eye because it addressed several significant class certification issues, including one that I’ve seen regularly and another that the court analyzed in a new and…more

6/3/2024 / Civil Procedure, Civil Remedies, Insurance

Eleventh Circuit Provides New Guidance on Class Action Settlements

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 rather…more

5/16/2024 / Civil Procedure, Civil Remedies, Consumer Protection

Pendent Appellate Jurisdiction in Class Actions Addressed by Fourth Circuit

When a class certification decision overlaps with merits issues, can a court of appeals deciding an interlocutory appeal from a class certification order also review an earlier decision on a motion to dismiss if it was integral…more

3/12/2024 / Civil Procedure

Class Action Fairness Act (CAFA) Local Controversy Exception Is Narrower Than You Might Think, According to the Fifth Circuit

Think twice about whether the Class Action Fairness Act’s “local controversy” exception applies to your case. Even if more than two-thirds of the proposed class members are citizens of the forum state, there is a significant…more

3/4/2024 / Civil Procedure

What is Required to Allege Standing in Cases Alleging Invasion of Privacy? Third Circuit Weighs In.

In today’s world nearly everyone’s name, address and various other pieces of arguably personal information reside on many companies’ computer servers. Sharing of such information between companies has resulted in countless class…more

2/19/2024 / Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

Can a Class Member Intervene After Class Certification Is Denied? Sixth Circuit Says No.

When class certification is denied because the named plaintiff’s claim fails for some reason, sometimes an absent class member will try to intervene rather than filing their own separate suit. Their goal is usually to attempt to…more

1/8/2024 / Civil Procedure

Liability vs. Damages in Class Certification Analysis Addressed by Fifth Circuit

In analyzing class certification issues, courts have said that common issues may predominate in some cases even though damages would have to be determined individually for each class member. But what about where some class…more

10/10/2023 / Civil Procedure, Civil Remedies

Class Action Fairness Act Pleading Requirements for Removal Addressed by Ninth Circuit

A recent Ninth Circuit decision highlights the importance of the defendant clearly pleading the basis for alleging the amount in controversy in a notice of removal under the Class Action Fairness Act (CAFA). In this case, after…more

7/18/2023 / Civil Procedure, Commercial Law & Contracts, Insurance

Ninth Circuit Limits Attorneys’ Fees in Class Action Settlements

A recent Ninth Circuit decision clarified that the benefit to the class is the “touchstone for determining the reasonableness of attorneys’ fees in a class action.” Under this decision, the fee should not be based on the maximum…more

6/12/2023 / Civil Procedure, Civil Remedies

Juridical Link Doctrine Rejected By Sixth Circuit

Federal courts of appeals have disagreed on whether a named plaintiff in a proposed class action can sue defendants who have not injured that plaintiff but allegedly have injured putative class members. This is not an uncommon…more

5/1/2023 / Civil Procedure, Constitutional Law, Taxation

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Robinson+Cole Class Actions Insider

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