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Class Action › Class Members › Due Process

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
JND Legal Administration

Beyond Due Process – The Shortcomings of Rule 23-Only Notice Programs and the Need for Quality Notice

JND Legal Administration on

Class action notice programs are intended to satisfy Rule 23 due process requirements and ensure that class members receive reasonable notice of settlements. Unfortunately, many notice programs seem designed just to satisfy...more

Robinson Bradshaw

Does Due Process Limit Aggregate Statutory Damages in Class Actions?

Robinson Bradshaw on

Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid issues of individualized...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

Pierce Atwood LLP

After-Effects of In re Asacol: Recent District Court Decisions on Certification and Uninjured Class Members

Pierce Atwood LLP on

About a year ago, I observed that the First Circuit in In re Asacol Antitrust Litigation had constrained plaintiffs’ ability to rely on affidavits to prove injury-in-fact. In so doing, the First Circuit substantially...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Revises Ascertainability Prerequisite to Class Certification

Akin Gump Strauss Hauer & Feld LLP on

• In Noel v. Thrifty Payless, Inc., the California Supreme Court clarified the scope of the ascertainability prerequisite to class certification. The Court held that proposed classes are ascertainable if defined by objective...more

Bradley Arant Boult Cummings LLP

“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”

Bradley Arant Boult Cummings LLP on

Class actions typically involve a proposed class of plaintiffs seeking recovery from the same defendant on similar grounds. But that is not the only animal in the class action corral. Rule 23 makes this clear in its very...more

Bradley Arant Boult Cummings LLP

Due Process Strikes Back: Alabama Supreme Court Vacates $124M Class Settlement Attorneys’ Fee Award

Bradley Arant Boult Cummings LLP on

The Alabama Supreme Court recently vacated a substantial $124 million attorneys’ fee award in connection with a class action settlement (Lawler v. Johnson et al., No. 1151347, — So. 3d –, 2017 WL 4707517 (Ala. Oct. 20,...more

Carlton Fields

Collateral Attacks on Class Resolutions

Carlton Fields on

In 1940, Hansberry v. Lee, 311 U.S. 32 (1940), established the basic constitutional foundation for the class action device: Members of a class who are not parties to the litigation may only be bound by a judgment in the...more

Carlton Fields

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

Carlton Fields on

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

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