News & Analysis as of

Breach of Contract FRCP 23

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle

Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? As we discussed in our Spring 2017 issue of The Class Action Chronicle, courts have struggled to define the...more

Morgan Lewis - Well Done

Burger King Has Its Way: Vegan Whopper Class Action Suit Dismissed

In an order issued on July 20, Judge Raag Singhal of the US District Court for the Southern District of Florida dismissed a class action lawsuit that claimed Burger King Corporation’s advertising deceived customers by making...more

Bricker Graydon LLP

Tuition refund class actions: The latest COVID-19 casualty

Bricker Graydon LLP on

Nowhere is the COVID-19 virus mutating more quickly than in the cozy confines of class action litigation. From business interruption, to gym memberships, to disappointed Airbnb hosts, more and more Americans are turning to...more

Gray Reed

Royalty Owners Seeking Class Certification Sent Back to the Trial Court

Gray Reed on

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

Carlton Fields

Class Certification Denied in Suitability Class Action

Carlton Fields on

The Southern District of New York recently declined to certify a class in a suit relating to investments in certain closed-end mutual funds, holding that individual questions overwhelmed the class-wide questions in...more

A&O Shearman

Southern District Of New York Partially Denies Certification Of Putative Class Action Claims For Lack Of Class Standing

A&O Shearman on

On March 22, 2018, Chief Judge Colleen McMahon of the United States District Court for the Southern District of New York granted in part and denied in part class certification in a putative class action alleging breach of...more

BakerHostetler

Second Circuit Confirms Ability of Defendants to Challenge and Defeat Class Certification Even After Loss in Jury Trial

BakerHostetler on

The Second Circuit’s recent post-trial decertification of the class in Mazzei v. The Money Store, et al. has garnered attention about decertification as a defense strategy. The decision confirms that plaintiffs’ burden to...more

Orrick, Herrington & Sutcliffe LLP

Second Circuit Rules That Judges Can Decertify a Class After a Jury Verdict

The Second Circuit recently held that under Federal Rule of Civil Procedure 23, a district court judge can decertify a class after a jury verdict in favor of the class but before entering judgment, upholding a Southern...more

Carlton Fields

Missouri District Court Joins the List: Unaccepted Rule 68 Offer Does Not Moot Claims

Carlton Fields on

Yet another court has found that an unaccepted Rule 68 Offer of Judgment will not moot a putative class action, even where the offer purports to satisfy all of plaintiff’s demands. Plaintiffs sued in the Eastern District of...more

Carlton Fields

Defects More Than Cosmetic: Beauty Product Purchasers Fail to Satisfy Rule 23

Carlton Fields on

The Southern District of New York recently denied class certification in a consolidated putative class action against a cosmetics company for breach of contract, false advertising, unfair competition, deceptive acts and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

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