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Appeals › Class Certification › Mootness

Carlton Fields

Supreme Court Refuses to Decide Whether Damages Class Containing Both Injured and Uninjured Members Can Be Certified

Carlton Fields on

On June 5, 2025, in Laboratory Corp. of America Holdings v. Davis, the U.S. Supreme Court dismissed as improvidently granted a case presenting the question of whether a certified class properly may include both injured and...more

Robinson Bradshaw

Update: Supreme Court Might Still Not Decide Whether a Class Can Contain Individuals Who Lack Any Article III Injury

Robinson Bradshaw on

A few months ago, we wrote about the U.S. Supreme Court’s decision to grant review in Labcorp v. Davis. As we noted at the time, Labcorp raises a long-debated question of class-action law: Can a federal court certify a...more

Akin Gump Strauss Hauer & Feld LLP

It Settled—Now What? Ninth Circuit Limits Settling Plaintiffs’ Ability to Appeal Orders Denying Class Certification

Akin Gump Strauss Hauer & Feld LLP on

- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more

Proskauer - Law and the Workplace

Massachusetts SJC Weighs in on Wage Act Class Actions and Offers of Judgment

Proskauer - Law and the Workplace on

On Friday April 12, 2019, the Massachusetts Supreme Judicial Court confirmed that plaintiffs seeking to bring class actions asserting Massachusetts Wage Act (“Wage Act”) violations must meet the certification standards set by...more

K&L Gates LLP

Second Circuit Rejects Use of Rule 67 to Moot Class Representative’s Claims

K&L Gates LLP on

In Radha Geismann, M.D., P.C. v. ZocDoc, Inc., the Second Circuit declined to allow the defendant-appellee to moot a putative class action by depositing $20,000—in full settlement of the plaintiff-appellant’s individual...more

Akin Gump Strauss Hauer & Feld LLP

7th Circuit Balks At Class Action Defendant’s Attempt To Pick-Off Lead Plaintiff

Akin Gump Strauss Hauer & Feld LLP on

On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more

Seyfarth Shaw LLP

Opt Ins are Out (of Luck) Appealing Decertification

Seyfarth Shaw LLP on

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

Pierce Atwood LLP

First Circuit Weighs In On Rule 68 Mootness Issue

Pierce Atwood LLP on

In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification...more

Sheppard Mullin Richter & Hampton LLP

It’s Not Personal: Ninth Circuit Denies Putative Class Representative’s Appeal as Moot

Sheppard Mullin Richter & Hampton LLP on

In Campion v. Old Republic Protection Company, Inc., No. 12-56784, (Dec. 31, 2014) the Ninth Circuit Court of Appeals held that a putative class representative’s appeal was moot because he had no personal stake in the case...more

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