On January 24, the U.S. Court of Appeals for the Fourth Circuit concluded that a district court did not abuse its discretion when certifying a class action. The lawsuit alleges an individual who orchestrated an online payday...more
Class action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a protected group in a typical case involving race, gender or age, the...more
Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more
This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the...more
A split Ninth Circuit panel recently overturned a $24 million judgment in a class action lawsuit against Kimberly-Clark and its spinoff, Halyard Health. Bahamas Surgery Center v. Kimberly-Clark et al., No. 18-55478 (9th Cir....more
In Davidson v. O’Reilly Auto Enterprises, LLC, No. 18-56188 (August 3, 2020), the Ninth Circuit Court of Appeals addressed whether a district court abused its discretion in denying class certification for an employee’s claim...more
Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more
Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more
On November 1, 2019, the United States Court of Appeals for the Second Circuit issued a summary order rejecting the appeal of an objector to the Foreign Exchange Antitrust Settlement. A few weeks earlier, U.S. District Court...more
On September 12, the Eleventh Circuit decertified an injunction class defined by the past denial of insurance benefits—a decision that may help thwart future efforts from plaintiffs to certify Rule 23(b)(2) classes, rather...more
There is an increasing trend in legal challenges to an employer’s administration of a wellness program and whether that program violates the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination...more
The latest Fifth Circuit opinion in Seeligson v. Devon Energy Production, L.P. is the latest round in a class action that has been developing since 2014....more
On March 5, 2019, Chief Magistrate Judge Joseph C. Spero of the U.S. District Court for the Northern District of California ruled that United Behavioral Health (UBH), a subsidiary of UnitedHealth Group, violated its fiduciary...more
• Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint. • The 9th Circuit in ABS Entertainment overturned Local Rule...more
Along with many other retailers, Sears Holding Corporation (“Sears”) has fallen on some hard times recently. In an apparent effort to boost its bottom line, Sears recently submitted a revised claim in an effort to collect up...more
When Jay Edelson appeared on the Ramble podcast a couple weeks back we discussed the big settlement his firm had reached in Birchmeier v. Caribbean Cruise Lines–which may end up being the largest TCPA settlement in history....more
The Fifth Circuit recently vacated a class action settlement that included unsecured and uncollateralized future payments to the plaintiffs, while providing a swift and complete payout of fees to class counsel. The case...more
On July 7, 2017, in a decision making several significant rulings and clarifications, the United States Court of Appeals for the Second Circuit vacated in part an order certifying classes asserting claims under the Securities...more
In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more
On January 31, President Trump announced that Judge Neil Gorsuch of the Tenth Circuit Court of Appeals would be nominated for the United States Supreme Court. We took a look at those opinions authored by Judge Gorsuch on the...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
The Seventh and Eighth Circuits both addressed motions to decertify classes the week of July 5—with divergent results. These cases illustrate the deference afforded district courts’ class certification determinations. Both...more
Non-disclosure and confidentiality provisions can be an important aspect of resolving a case through settlement. But when one of the parties is a purported class, and the allegation is an antitrust violation, settlement and...more
Brown is a "defense favorable" opinion that should be heavily relied upon when challenging class actions. The Eleventh Circuit Court of Appeals recent opinion in Brown v. Electrolux Home Products, 2016 WL 1085517 (11th...more
In the latest class action involving front-loading washing machines, the Eleventh Circuit reversed the certification of two statewide Texas and California classes of purchasers contending that the front door seal on early...more