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Class Action Decertify

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.
King & Spalding

Northern District of California Refuses to Decertify Class in Ponzi Suit Action Against Umpqua Bank

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On June 25, 2024, the U.S. District Court for the Northern District of California denied motions by Umpqua Bank to decertify a class of alleged Ponzi scheme victims and for summary judgment on the class’s entitlement to...more

Alston & Bird

Class Action & MDL Roundup – Fall 2019

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Welcome back to the Class Action & MDL Roundup! Our fall edition covers notable class actions from the third quarter of 2019. The circuit courts were busy with class actions in the third quarter. Appellate judges were able...more

Alston & Bird

Food & Beverage Digest – August 2019

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more

Blank Rome LLP

Class Decertified Where Vast Majority of Members Sustained No Ascertainable Loss

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In another blow to plaintiffs suing under New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”), the United States District Court for the District of New Jersey in Martinez-Santiago v. Public Storage,...more

BakerHostetler

Illinois District Court Decertifies Equal Pay Act Collective Class Involving Physicians

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Section 16(b) of the Fair Labor Standards Act (FLSA) is the provision that requires those participating in a federal claim for minimum wages or overtime to opt in to the class, making Rule 23 inapplicable. The same...more

BakerHostetler

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

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Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2017

This edition focuses on rulings issued between May 15, 2017, and August 15, 2017. In this issue, we cover four decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

BakerHostetler

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

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Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Spring 2017"

This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more

Seyfarth Shaw LLP

Class Certification Trends For 2016

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Seyfarth Synopsis: This is the fifth installment of our blog series on key trends for workplace class action litigation in 2016. In terms of the sheer number of rulings, a significant trend saw wage & hour class action and...more

Seyfarth Shaw LLP

The Story Behind Class Certification Statistics In 2016 And What It Means For Employers

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In the third post of our series on workplace class action issues, this blog posting focuses on the statistical study of class certification rulings throughout the Unites States in 2016. Not unlike real estate, location – in...more

Seyfarth Shaw LLP

Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

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Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over...more

Pullman & Comley, LLC

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

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2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

Seyfarth Shaw LLP

U.S. District Court in Florida Decertifies a Class of Haitian Blueberry Pickers Because Class Members Sought Individualized...

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Seyfarth Synopsis: After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte order...more

Seyfarth Shaw LLP

Opt Ins are Out (of Luck) Appealing Decertification

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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

Seyfarth Shaw LLP

Courts to Consider Theories, Not Facts, on Certification

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Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...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

Bradley Arant Boult Cummings LLP

Hit by the Pitch: Federal Judge De-Certifies FLSA Class Action of Minor League Baseball Players

In a 100+ page opinion, federal Magistrate Judge Joseph Spero of the Northern District of California refused to grant the Plaintiffs’ motion to certify a class of minor league baseball players and instead granted the baseball...more

Seyfarth Shaw LLP

Court Insures Allstate Against Unsound Trial Plan Mayhem

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Allstate Insurance Company “insured” a major victory last week in an off the clock class action pending in Los Angeles Superior Court, vindicating employers’ argument that plaintiffs cannot simply intone the magical...more

Genova Burns LLC

NJ Appellate Division Decertifies Class in Suit Over TGI Friday’s Menus and Drink Prices

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New Jersey bar patrons alleging that the chain restaurant, TGI Friday’s, Inc. (TGIF), violated consumer protection laws by omitting drink prices from its menus will have to proceed with their claims as individual plaintiffs...more

Locke Lord LLP

TCCWNA Class Action Tanked by Individualized Inquiries

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New Jersey restaurant-goers alleging that TGI Friday’s, Inc. (TGIF) violated state consumer protection laws by omitting drink prices from its menus will have to proceed with their claims individually after the New Jersey...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Butler Snow LLP

Up in Smoke – District Court Vacates $20,760,000 Punitive Damages Verdict in Florida Tobacco Lawsuit

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On April 23, 2015, the United States District Court for the Middle District of Florida vacated a $20,760,000 punitive damages award that had been levied against international tobacco manufacturer Philip Morris USA, Inc. by a...more

Carlton Fields

Eighth Circuit Decertifies Four FDCPA Classes Where District Court Failed to Conduct Rigorous Analysis Required by Wal-Mart...

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The Eighth Circuit recently held that a district court abused its discretion by certifying four classes of Nebraska consumers in an action against a debt collector and its attorneys for alleged violations of the Fair Debt...more

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