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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
On April 29, 2025, the U.S. Supreme Court heard oral arguments in Laboratory Corporation of America Holdings, d/b/a Labcorp v. Davis et al., No. 24-304 (2025 Term) to determine whether certification is appropriate in a class...more
For many causes of action, a plaintiff is required to establish an actual “injury” caused by the alleged violation of law. That requirement can be a powerful barrier to class certification if individualized factual inquiries...more
An August 2024 decision by a panel of the U.S. Sixth Circuit in Speerly v. General Motors, which underscores key developments in the law governing class certification, Article III standing, and the treatment of manifest...more
The U.S. Court of Appeals for the District of Columbia Circuit recently dismissed an appeal in the case of Lewis v. Becerra, Secretary of the United States Department of Health and Human Services (HHS). The appellants sought...more
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...more
On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more
The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in...more
The U.S. District Court for the Middle District of Florida recently stayed Simpson v. J.G. Wentworth Co. in light of the Eleventh Circuit's pending en banc decision in Drazen v. Pinto. Both cases involve similar Telephone...more
On July 27, the U.S. Court of Appeals for the Eleventh Circuit issued a precedential decision in Drazen v. Pinto, which centered on an "argument over the meaning of coupon settlements." Originally published in Law360 on...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
A court in the District of Oregon recently granted a defense motion to deny class certification, largely because the issue of whether the putative class representative’s phone number was “residential”—a prerequisite to TCPA...more
The U.S. Supreme Court granted review last week in TransUnion LLC v. Ramirez, which presents the question of whether Article III or Rule 23 of the Federal Rules of Civil Procedure permits a damages class action where most...more
On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a...more
Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more
- In a matter of first impression within the 9th Circuit, the court held that each member of a certified class must have Article III standing in order to recover individual monetary damages at trial. - Those class members...more
In Ramirez v. Trans Union, the Ninth Circuit addressed whether, at the class certification stage of a putative class case, only the named plaintiff or all class members must have Article III standing (i.e., a concrete injury...more
Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more
On November 15, the Eleventh Circuit vacated an order certifying a class of individuals who claimed to have received robocalls in violation of the Telephone Consumer Protection Act (“TCPA”), holding that the district court...more
The Eleventh Circuit last month issued a significant class action opinion in Cordoba v. DirectTV, LLC, vacating a class certified in a TCPA class action and remanding the case. The issue underlying the court’s decision was...more
On November 15, the Eleventh Circuit decided Cordoba v. DirecTV, LLC, further exploring the issue of when class actions achieve Article III standing. The plaintiffs alleged that DirecTV and the company with which it...more
The Eleventh Circuit last week issued a common-sense ruling vacating class certification in a TCPA case—an area of the law where common sense does not always prevail. In Cordoba v. DIRECTV, LLC, No. 19-12077 (11th Cir. Nov....more
On August 8, the Ninth Circuit issued a highly anticipated decision affirming the district court’s certification of a class of Facebook users who suffered alleged violations of the Illinois Biometric Information Privacy Act...more
The Eleventh Circuit recently held that receiving a single unsolicited text message does not amount to the harm required to sustain a TCPA claim. In Salcedo v. Hanna, John Salcedo brought a TCPA claim against his former...more
This week we got another big FCRA decision in Sanders v. Global Radar Acquisition. In Sanders, the plaintiffs filed a putative class action claiming that the Defendants failed “to obtain certification prior to furnishing a...more