News & Analysis as of

Class Certification

2017 Class Action Review

by BakerHostetler on

We are pleased to share BakerHostetler’s 2017 Class Action Review, which offers a summary of key class action litigation developments during the past year. This comprehensive analysis of last year’s developments in class...more

Cannabis Consumer Class Actions Are Being Filed

by Wilson Elser on

On May 10, 2018, a vape cartridge customer filed a consumer class action in Los Angeles Superior Court against cannabis brand Brass Knuckles and Alvin Nathaniel Joiner, better known as the rapper Xzibit. Also named is SC...more

Ninth Circuit deepens Circuit split by holding inadmissible evidence can be considered in resolving class certification

Takeaway: The Ninth Circuit recently ruled that inadmissible evidence may be considered in ruling on a motion for class certification. But does inadmissible evidence really qualify as evidence? Notwithstanding the evidentiary...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Commerce Department data released yesterday showed strong across-the-board consumer spending in April, a nominally good sign but one that pushed bond yields higher and sent most equities lower for the day, snapping an 8-day...more

Court Grants Class Certification—but Only for In-State Residents

A Telephone Consumer Protection Act (TCPA) defendant scored a victory after an Illinois federal court certified a class of plaintiffs limited to in-state recipients of the faxes at issue....more

Northern District Of California Certifies Class In Securities Fraud Action Against Medical Device Manufacturer

by Shearman & Sterling LLP on

On May 8, 2018, Judge Claudia Wilken of the United States District Court for the Northern District of California granted class certification in an action asserting claims under Section 10(b) of the Securities Exchange Act...more

Eleventh Circuit Sides with Wells Fargo on Post-Class Certification Motion to Compel Arbitration

by BakerHostetler on

Wells Fargo achieved a significant victory on Thursday in decade-old litigation over allegedly unlawful overdraft fees when the Eleventh Circuit held that Wells Fargo had not waived its right to compel arbitration as to the...more

Proposed Rule 23 Amendment for Class Action Settlement: Sea Change or Codification of the Status Quo?

by BakerHostetler on

We’ve noted several times in this blog the difficulties parties may face when trying to obtain court approval for a settlement they have reached. Recognizing many of these issues, new amendments to Federal Rule of Civil...more

Ninth Circuit Holds That Evidence Supporting Class Certification Need Not Be Admissible

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Sali v. Corona Regional Medical Center, No. 15-5640, 2018 U.S. App. LEXIS 11497 (9th Cir. May 3, 2018), a three judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s...more

Marketplace Lending Update #3: Kabbage Heads to Court

A recently filed California lawsuit raises the stakes in the ongoing challenge to the “bank origination model.” The lawsuit, Barnabas Clothing, Inc. v. Kabbage, Inc., was filed on March 22, 2018 in Superior Court in Los...more

BC's Class Proceedings Act to get a facelift?

by DLA Piper on

The Government of British Columbia introduced Bill 21 containing its proposed amendments to the Class Proceedings Act, RSBC 1996, c. 50 (the “CPA”) on 23 April 2018. If passed, these amendments will significantly change class...more

Third Circuit Rejects ‘Shingle Lottery’ Theory of Common Defect in Putative Homeowner Class

by Carlton Fields on

The Third Circuit Court of Appeals recently affirmed a district court order denying certification to a group of homeowners in four states who alleged roof shingle manufacturer Owens Corning sold defective roof shingles and...more

Kentucky Federal Court Denies Class Cert to Environmental Exposure Plaintiffs

by Beveridge & Diamond PC on

In an opinion highlighting some of the barriers to class certification in an environmental contamination case, a Kentucky federal court denied class status to plaintiffs alleging damages from exposure to hazardous substances...more

Ninth Circuit Concludes That Admissibility Is Not A Factor In Deciding Class Certification

by Jackson Lewis P.C. on

On May 3, 2018, in Sali v. Corona Medical Center, et al., Case Number 15-56460, a putative wage-hour class action, the U.S. Court of Appeals for the Ninth Circuit held that evidence does not have to be admissible for it to be...more

Supreme Court Considers an Expansion of Class-Action Tolling

On March 26, 2018, the Supreme Court heard argument in China Agritech, Inc. v. Resh (No. 17-432), a case in which the justices will determine whether a plaintiff whose otherwise untimely claim has been tolled by the rules...more

California District Court Denies Certification of Class of Retail Loss Prevention Employees

by BakerHostetler on

Plaintiffs’ Arguments Miss the [fill in the blank] - One of the justifications and requirements for class treatment is that the plaintiffs’ claims all can be resolved in one stroke. ...more

California Supreme Court Dramatically Reshapes California Worker Classification Laws

by Fenwick & West LLP on

The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses must satisfy to justify contractor status,...more

Fifth Circuit Dashes Delivery Driver’s Bid to Keep Wage Hour Claims Out of Arbitration

by Carlton Fields on

In Edwards v. DoorDash, Inc., No. 17-20082 (5th Cir. Apr. 25, 2018), the Fifth Circuit Court of Appeals reaffirmed its position that arbitrability of claims, including whether class or collective claims must be arbitrated...more

Ninth Circuit Finds Evidence at Class Certification Not Required to Be Admissible - The Last Word on the Issue?

by BakerHostetler on

In a 28-page opinion, a panel of the Ninth Circuit overturned a district court’s denial of class certification, in part, because the lower court required supporting evidence to be admissible. This decision certainly...more

Heightened Ascertainability Remains a Formidable Requirement to Achieving Class Certification in the Third Circuit: Administrative...

by Foley & Lardner LLP on

When the Third Circuit Court of Appeals issued its decision in City Select Auto Sales Inc. v. BMW Bank of North America, Inc., in the middle of last year, many interpreted the decision as significantly lowering the bar to...more

Federal Appeals Court Makes It Easier For Workers To Advance Class Claims

by Fisher Phillips on

The 9th Circuit Court of Appeals has lowered the bar when it comes to the type of evidence plaintiffs need to present in order to have their claims certified as a class action. The federal appeals court panel ruled that...more

Turning the Tables in Class Action Discovery: Conducting Merits Discovery Prior to Class Certification Remains a Viable Defense...

by Polsinelli on

Class actions often are lengthy and costly undertakings for defendants, and the discovery process can demand the most significant amount of resources. When discovery on class certification issues is then followed by merits...more

California Supreme Court Upends Independent Contractor Test for Wage Claims

by Holland & Knight LLP on

• The California Supreme Court's widely anticipated decision in Dynamex Operations West, Inc. v. Superior Court sets a new standard for determining employee versus independent contractor status for purposes of California Wage...more

The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors

On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme...more

High Court Applies “ABC” Test When Assessing Independent Contractor Status

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, held that “engage, suffer or permit to work” determines employee status for Wage Order claims...more

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