News & Analysis as of

Class Certification

Foley & Lardner LLP

Federal Court Denies Class Certification of 7-Eleven Franchisees in Misclassification Suit

Foley & Lardner LLP on

A recent decision from a federal court in Massachusetts is a significant victory for franchisors who continue to face lawsuits alleging they have misclassified their franchisees as independent contractors rather than...more

Cozen O'Connor

Class Certification Denied in Portion of COI Case Based on Argument that the Policies are STOLI

Cozen O'Connor on

The United States District Court for the Southern District of New York recently issued a decision denying class certification to sub-classes in a cost of insurance (“COI”) class action based upon the insurer’s defense that...more

King & Spalding

Second Circuit Issues Back-to-Back Opinions Holding That Classes of Past Purchasers Cannot Be Certified for Injunctive Relief,...

King & Spalding on

In the span of two weeks, the Second Circuit issued two opinions that likely sound the death knell for Rule 23(b)(2) “injunction classes” in that circuit unless plaintiffs can establish that every class member stands to...more

King & Spalding

Ninth Circuit Reverses District Court’s Ruling that Class Representative Had Standing to Sue Company with Whom It Had No Dealings...

King & Spalding on

On July 23, the Ninth Circuit vacated the district court’s judgment in favor of the plaintiff in Bahamas Surgery Center LLC v. Kimberly-Clark Corporation, a class action that was tried to a $454 million verdict in April 2017....more

Edgeworth Economics

The Rise of COVID-19 Price Gouging Class Actions and the Economics of Class Certification

Edgeworth Economics on

Summary of “Price Gouging” Class Action Lawsuits - In response to the COVID-19 pandemic, governors and mayors across the United States have made emergency declarations aimed to gain access to additional resources,...more

Proskauer - Advertising Law

Burger King Wins “Whopper” of a Case: Federal Court Finds No Promise of Method of Preparation in Advertisements for Meatless...

Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class...more

Mintz - Privacy & Cybersecurity Viewpoints

Proposed Mega Child Privacy Class Action Settlements May Impact Many App Providers

Last week, the plaintiffs in three related children’s privacy class actions sought preliminary approval of proposed settlements with sixteen defendants in those coordinated actions. The matters—known as the Kiloo Action, the...more

Orrick, Herrington & Sutcliffe LLP

SDNY Rules on Class Plaintiffs' Motion for Class Certification in AXA COI Litigation

On August 13, 2020, in the putative class action challenging AXA’s COI rate increase on Athena Universal Life II (“AUL II”) policies, Judge Jesse M. Furman of the United States District Court for the Southern District of New...more

BakerHostetler

Florida District Court Denies Conditional Certification in ‘Tip Credit’ Case

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Tip credit issues are inherently difficult. Section 3(m) of the Fair Labor Standards Act permits an employer to count tips toward a portion of a tipped employee’s wages to meet the minimum wage (and in some instances...more

Troutman Pepper

Pennsylvania Federal Court Finds Lack of Article III Standing in Purely Procedural FCRA Violation and Dismisses Putative Class

Troutman Pepper on

On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a...more

BakerHostetler

Denial of Conditional Certification Highlights Importance of Handbook Policies

BakerHostetler on

A recent decision from the Eastern District of Wisconsin serves as a strong reminder that well-crafted handbook policies can sometimes save the day for employers in proposed Fair Labor Standards Act collective actions....more

Proskauer - Employee Benefits & Executive...

ERISA Plan Participants Cannot Proceed As A Class In Challenging EpiPen Prices

Four ERISA plan participants, who participated in four different ERISA plans, commenced an ERISA class action against four of the nation’s largest pharmacy benefit managers (PBMs), alleging that the PBMs breached their...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2020 #4

The U.S. Drug Enforcement Administration (DEA) has proposed a rule that would codify the legalization of hemp cultivation and related definitions passed in the 2018 Farm Bill into the Controlled Substances Act. The amendments...more

Pierce Atwood LLP

COVID-19: Developments in Class Action Litigation Surrounding Business Interruption Insurance Coverage

Pierce Atwood LLP on

Currently, one of the most prominent areas for class action litigation related to the COVID-19 pandemic is disputes about whether commercial insurance policies cover business interruption losses.  Hundreds of businesses have...more

Troutman Pepper

Class Action Defense Strategies in the Eastern District of Virginia’s ‘‘Rocket Docket’’

Troutman Pepper on

Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more

Morgan Lewis

The Evolving Landscape of Covid-19-related Class Action Lawsuits

Morgan Lewis on

The coronavirus (COVID-19) pandemic has caused upheaval in the global economy. This massive disruption has led to a wave of class action lawsuits relating, directly or indirectly, to COVID-19. This White Paper reviews the...more

Arent Fox

COVID-19 Class Action Update: Employment, PPP, Business Interruption Insurance, and Airline Refunds Drive New Litigation

Arent Fox on

In addition to battling class certification, businesses swept into these class actions may be faced with consolidation motions in multidistrict forums. The Arent Fox Class Actions group has been tracking COVID-19 class...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2020

Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely legal issues. As you will...more

Proskauer - California Employment Law

Class Action Claims Were Moot After Class Representative Settled His Individual Claims

Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) - Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws. After several years of litigation, the district court denied...more

Laner Muchin, Ltd.

Recent COBRA Developments Require Review of COBRA Policies and Practices

Laner Muchin, Ltd. on

As summarized below, recent updates to Model COBRA Notices, extensions of deadlines as a result of COVID-19, and an uptick in class action lawsuits stemming from allegedly deficient COBRA Notices, will require a review of...more

Proskauer - California Employment Law

Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case

Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) - Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

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

King & Spalding

U.S. District Court Denies Class Certification Motion in Aluminum Rate-Manipulation Case Based on Improper Use of Statistical...

King & Spalding on

On July 23, 2020, Judge Paul A. Englemayer of the U.S. District Court for the Southern District of New York denied a motion to certify a proposed class of direct purchasers of aluminum in a decision that may signal a trend...more

BakerHostetler

Recent Securities Class Actions Targeting ICOs Raise Variety of Complex Legal Issues

BakerHostetler on

On April 3, 2020, exactly one year after the Securities and Exchange Commission (SEC) issued its “Framework for ‘Investment Contracts’ Analysis of Digital Assets” (Framework), 11 class action lawsuits were filed in the...more

Holland & Knight LLP

Plaintiffs Dismiss COBRA Class Action After Court Recommends Denial of Class Certification

Holland & Knight LLP on

In Bryant v. Wal-Mart Stores, Inc., three former Walmart employees moved to certify a class against the retailer, alleging that they were injured by Walmart's allegedly defective notices under the Employee Retirement Income...more

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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