News & Analysis as of

Class Certification

Womble Bond Dickinson

A.I. in the TCPA Crosshairs: TCPA Class Action Challenges Hotel’s Use of IVY Concierge Artificial Intelligence SMS Platform

by Womble Bond Dickinson on

In what may be a TCPAland first, an artificial intelligence SMS platform powered by Watson and known as “Ivy” is being tested in a TCPA class action. Although numerous hotels are known to use Ivy, the case filed yesterday...more

Womble Bond Dickinson

TCPA Class Action Defense 101: TCPA Class Action Defense Experts Ken Sponsler and John Taylor Join the Ramble to Discuss the Right...

by Womble Bond Dickinson on

Well we’re a day light on the Ramble this week but it will be worth the wait–I promise. In a special “deuces wild” episode–No. 22 after all–we bring you two guests via the FIREline– Ken Sponsler and John Taylor of...more

Manatt, Phelps & Phillips, LLP

Drivers’ Class Action Against Uber Crashes Into Arbitration

Why it matters - Uber drivers seeking to be classified (and compensated) as employees and not independent contractors were dealt a blow by the U.S. Court of Appeals, Ninth Circuit when the federal appellate panel reversed...more

Carlton Fields

Inexperienced Class Counsel Stalls Class Certification While Defendants Attempt to Employ EEOC Conciliation Agreement Against...

by Carlton Fields on

The Northern District of Illinois recently denied a motion for class certification based largely on the inexperience of class counsel, and simultaneously denied the defendant’s motion to deny class certification. ...more

Pierce Atwood LLP

In re Asacol Antitrust Litigation – An Antidote To In re Nexium And “Ascertainability-By-Affidavit”

by Pierce Atwood LLP on

When last I wrote about ascertainability, I noted that a debate over the propriety of “ascertainability-by-affidavit” continued to percolate within the First Circuit even as lower courts relied on In re Nexium Antitrust...more

Carlton Fields

Court Denies Class Certification Based On Judicial Estoppel

by Carlton Fields on

The plaintiff brought a putative class action after allegedly defaulting on charges for medical services. Shortly thereafter, the creditor assigned, placed, or transferred the debt to the defendants for collection. ...more

Jackson Lewis P.C.

New CA Case Confirms: No Absolute Rule To Permit Leave To Amend To Substitute Class Representative If Named Plaintiff Is Found...

by Jackson Lewis P.C. on

In Jones v. Farmers Ins. Exchange (2013) 221 Cal.App.4th 986 (“Jones”), the California Court of Appeal held that “[t]he lack of an adequate class representative … does not justify the denial of the certification motion. ...more

Womble Bond Dickinson

No Way Intervention: Court holds that TCPA Defendant Waived One-Way Intervention Protections By Failing to Alert the Court to the...

by Womble Bond Dickinson on

The Bad Reyes saga just keeps on getting worse for TCPA defendants. In a decision entered today, the Court has found that the Defendant waived its one-way intervention protections by doing nothing more than failing to...more

Robins Kaplan LLP

Kanye West Fights Class Cert. after Tidal Tweet

by Robins Kaplan LLP on

Kanye West is trying to dodge class certification for a group of devout fans who claim he duped them into subscribing to music streaming service, Tidal. ...more

Fox Rothschild LLP

Second Circuit’s Review Of Position Description Determines Outcome In FLSA Outside Sales Class Action

by Fox Rothschild LLP on

This is an interesting case. A class action that was denied certification, appealed to the Second Circuit, which reversed because the lower court did not properly interpret the job description on the key issue of duties...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Midyear Update 2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2018

by Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - California Passes Professional-Cosmetics, Animal-Testing Laws - California Governor Jerry Brown has signed a law that will bring labeling for professional cosmetics in line with...more

Fisher Phillips

Perseverance Pays Off For Employer In Class Action Litigation

by Fisher Phillips on

A federal court in Los Angeles just proved that, even after many years of difficult, protracted litigation, and despite several pretrial rulings in plaintiffs’ favor, an employer that is willing to take a wage and hour...more

Foley & Lardner LLP

Defendant Communications with Members of a Class Action Suit: Toeing the Line

by Foley & Lardner LLP on

As the saying goes: “Everything in moderation— especially communications from defendant employers to putative members of a class action suit.” While this might not be exactly how the saying goes, a trial court in...more

Carlton Fields

Louisiana Appeals Court Affirms Class Certification in Lingering Litigation Against Department of Insurance

by Carlton Fields on

A Louisiana appeals court recently affirmed class certification in consolidated lawsuits, pending since 1991, against Louisiana’s Department of Insurance, other related state entities, and the state’s excess insurance...more

Carlton Fields

Tenth Circuit Finds Plaintiffs’ Settle And Dismiss Strategy Unappealing

by Carlton Fields on

Following Supreme Court precedent, the Tenth Circuit recently held that plaintiffs’ settlement and voluntary dismissal of their claims did not transform the court’s interlocutory order denying class certification into a...more

Dentons

Court declines to certify “slack fill” class action

by Dentons on

A Missouri federal judge recently denied certification of a proposed “slack fill” class action against the maker of “Mike and Ike” candy. The suit claimed that candy company Just Born, Inc. tricked consumers into thinking...more

Manatt, Phelps & Phillips, LLP

Individual Issues Resulting From Oral Consent Ends Certification Effort

Where the defendant in a Telephone Consumer Protection Act (TCPA) case told a judge in the U.S. District Court, Eastern District of Pennsylvania that consent to receive faxed ads was provided orally, individual issues will...more

Vedder Price

TCPA Case Law Review (Vol. 5)

by Vedder Price on

Since our last TCPA update at the end of August, the biggest news has obviously been the Marks v. Crunch case. But that was not the only meaningful case decided in the last month or so. Decisions continue to roll in on...more

Payne & Fears

Ninth Circuit Reverses Grant of Class Certification and Denial of Motions to Compel Arbitration in Several Uber Class Actions

by Payne & Fears on

In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2018

by Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - FDA Seeks Input on Plant-Based Milks - The U.S. Food and Drug Administration (FDA) has solicited public input on questions related to plant-based substitutes for dairy products...more

Robins Kaplan LLP

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Honda is joining forces with General Motors in an effort to win the race to develop self-driving cars through a $750 million stake in GM’s Cruise Holdings autonomous vehicle unit. The Japanese carmaker plans to contribute a...more

Schnader Harrison Segal & Lewis LLP

Ninth Circuit Panel Reverses Denial of Uber’s Motion to Compel Arbitration of Misclassification Claims and Upholds Class Action...

A panel of the Court of Appeals for the Ninth Circuit unanimously decided last week that a properly-drafted arbitration clause that waives class actions and reserves to the arbitrator the determination of whether a dispute is...more

Womble Bond Dickinson

Putting on a Clinic: A Breakdown of Citi’s Recent Major Success Defeating Certification in a Revocation and Wrong Number TCPA...

by Womble Bond Dickinson on

CitiGroup, Inc. (“Citi”) just defeated certification in a massive class action in the consumer-friendly Northern District of Illinois in the case of Tomeo v. CitiGroup, Inc., No. 13-C-4046, 2018 U.S. Dist. LEXIS 166117 (N.D....more

Bradley Arant Boult Cummings LLP

Supreme Court to Review Whether Third-Party Defendants May Remove Class Action Counterclaims under CAFA

These are interesting times at the Supreme Court for class certification defendants—and we aren’t talking about the Kavanaugh confirmation process. No, late last week, in Home Depot USA Inc. v. George Jackson, the Supreme...more

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