News & Analysis as of

Class Certification

Branch v. GEICO: The Convergence Of Class Certification And Article III Standing

by Seyfarth Shaw LLP on

On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more

This Time, It’s Personal: TCPA Personal Jurisdiction Ruling Severely Limits Nationwide Class Actions

by Benesch on

It is no secret that there are certain jurisdictions that plaintiffs’ class action attorneys prefer to file suit, most notably, Chicago, Los Angeles, Miami and New York, to name a few. While plaintiffs’ lawyers may have...more

School Scores Summary Judgment Win In ADEA Collective Action

by Seyfarth Shaw LLP on

Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

Out Of Proportion: Court Denies Discovery Requests In Putative TCPA Class Action Due Burden On Defendant

by Carlton Fields on

This putative Telephone Consumer Protection Act (TCPA) class action arose from alleged marketing calls by Quicken Loans (Quicken) to potential mortgage customers. After the magistrate judge granted the plaintiff’s motion to...more

New York Court of Appeals Decision Requires Needless Notice of Individual Settlements in Putative Class Actions

Class actions have dual natures. They start out as only individual cases, but they can become massive, collective cases where the rights of absent parties are adjudicated all at once. In most respects, class certification...more

Why 2nd Time Was Not The Charm For Baby Food Class Cert.

by Morrison & Foerster LLP on

On remand from the Ninth Circuit, Judge Koh last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying the...more

District Of New Jersey Finds Defendants Failed To Rebut Fraud-On-The-Market Presumption And Certifies Class Action Against...

by Shearman & Sterling LLP on

On February 28, 2018, Judge Peter Sheridan of the United States District Court for the District of New Jersey granted class certification in an action against Aeterna Zentaris, Inc. and certain of its executives. Li V....more

February 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

Last month was a busy and important month for IC misclassification and compliance law. Featured among the ten cases summarized below are the first-ever trial of an IC misclassification case in the on-demand, sharing economy...more

THE LATEST: Class Certification Denied – Indirect Purchases Fail to Substantiate Link between Higher Input Costs and Higher...

by McDermott Will & Emery on

Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference...more

Ruling: Medical Providers Not Subject to Double Damages Under Medicare Secondary Payer Act

by Holland & Knight LLP on

• In a matter of first impression, the U.S. District Court for the Middle District of Florida has ruled that a private right of action under the Medicare Secondary Payer Act (MSP Act), which provides for double damages in the...more

Speaking on Spokeo: Ninth Circuit Dismisses FACTA Lawsuit

by Latham & Watkins LLP on

The Ninth Circuit follows the Second and Seventh Circuits in dismissing consumer class actions in which named plaintiff alleges no injury other than statutory damages. Key Points: ..In Bassett v. ABM Parking Services,...more

Third Circuit Ascertainability Requirement Puts The Squeeze On Orange Juice Purchasers

by Carlton Fields on

A New Jersey district court denied certification to a putative class of Tropicana orange juice purchasers from “Members Only” or “Loyalty Card” stores in California, New York, New Jersey, and Wisconsin. Plaintiffs alleged...more

Class Action Roundup: Winter 2018

by Alston & Bird on

Where the (Class) Action Is - Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017. On the docket this quarter is another slate of cases covering a...more

Ninth Circuit Vacates Final Approval of National Settlement Class Action Certification

by BakerHostetler on

Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded...more

A Practical Guide to Settling Class Action Cases on Appeal

This post provides practical guidance concerning the necessary procedures for maintaining a defendant’s appeal while seeking approval of a class settlement reached during the pendency of the appeal. There are commonly two...more

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

by Holland & Knight LLP on

• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or...more

District Court Expands on Pantoja, Finds Collection Letter on Stale Debt to Violate FDCPA for Failure to Include Revival Warning

A recent decision from the North District of Illinois has expanded on the Seventh Circuit’s holding in Pantoja v. Portfolio Recovery Assocs., LLC, 852 F.3d 679 (7th Cir. 2017) regarding revival warnings in collections letters...more

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Employers Prevail in FCRA Class Actions

by Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

Class Certification Denied in RMBS Investor Suit

by Weiner Brodsky Kider PC on

A judge in the U.S. District Court for the Southern District of New York denied certification to two proposed classes of residential mortgage-backed securities certificateholders in their suit against a large bank, finding...more

Class cert denied in baby food false labeling case: faulty regression model to blame

by Thompson Coburn LLP on

Ever since the Supreme Court’s 2013 decision in Comcast Corp. v. Behrend, 569 U.S. 27, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013), plaintiffs’ lawyers have been clamoring to find a regression model that will support class-wide...more

Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case

On remand from the Ninth Circuit, Judge Koh nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying plaintiff’s Rule...more

Multi-Million Dollar Nationwide Class Settlement Vacated By Ninth Circuit

by Jackson Lewis P.C. on

In a “major blow to multistate class actions,” according to the dissenting opinion in Espinosa v. Ahearn (In re Hyundai & Kia Fuel Econ. Litig.) 2018 U.S.App.LEXIS 1626 (January 23, 2018), the Ninth Circuit vacated a class...more

"No-poaching” agreement takes center stage in class certification case against backdrop of heightened federal scrutiny

by Dentons on

Now when the US Department of Justice (DOJ) is expected to bring its first criminal antitrust cases based on “no-poaching” agreements, a recent federal district court decision in Seaman v. Duke University1 highlights the...more

Northern District of Illinois Decertifies TCPA Class Action

by Goodwin on

On February 13, 2018, the U.S. District Court for the Northern District of Illinois decertified a Telephone Consumer Protection Act (TCPA) text-message class in light of new evidence of consent obtained during the...more

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