News & Analysis as of

Class Certification Vacated

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - November 2023

Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes - In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more

BakerHostetler

Sixth Circuit Sides with BakerHostetler Client’s Amicus Position - Putative Class Plaintiff Lacked Standing

BakerHostetler on

In a recent opinion, the United States Court of Appeals for the Sixth Circuit vacated an order certifying a class of essentially all Ohio residents claiming contact with some level of per- and polyfluoroalkyl substances (also...more

McGuireWoods LLP

Fourth Circuit Vacates and Remands Class Certification Decision in Accordance with Supreme Court’s Directive to Consider Ramirez’s...

McGuireWoods LLP on

On October 28, 2022, the U.S. Court of Appeals for the Fourth Circuit in Alig v. Rocket Mortgage vacated and remanded for reconsideration a district court order certifying a class of mortgage borrowers, highlighting an...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Applies TransUnion and Vacates Class Certification

The Eleventh Circuit recently decertified a TCPA settlement class because the class definition included members who could never have Article III standing under Eleventh Circuit precedent.  Drazen v. Pinto, — F.4th –, No....more

Steptoe & Johnson PLLC

West Virginia Class Action Update

Steptoe & Johnson PLLC on

A spate of recent decisions from the Supreme Court of Appeals of West Virginia illustrates that while putative class action plaintiffs must strictly comply with the requirements for class certification and courts’...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Vacates Certification of Nationwide Classes, Holding that Defendant Did Not Waive Personal Jurisdiction Challenge by...

On August 10, 2021, a divided Ninth Circuit panel vacated a trial court’s certification of two nationwide classes, finding that the defendant had not waived its personal jurisdiction objection to class certification by not...more

Goodwin

SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court

Goodwin on

SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court; Delaware Court of Chancery Dismisses Stockholder Suit Against FedEx for Failure to Make Pre-Litigation...more

Goodwin

SCOTUS Vacates Class Certification In Suit Against Goldman Sachs And Clarifies Appropriate Scope Of Price Impact Evidence

Goodwin on

SCOTUS Vacates Class Certification In Suit Against Goldman Sachs And Clarifies Appropriate Scope Of Price Impact Evidence; Stockholders Strike $110 Million Settlement In Suit Alleging Breaches Of Fiduciary Duties By Former...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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Demands Rigorous Analysis of the Predominance Requirement for Class Certification in Pharmaceutical Antitrust Case

On April 22, 2020, the Third Circuit Court of Appeals vacated and remanded an order certifying a class of direct purchaser plaintiffs in In re: Lamictal Direct Purchaser Antitrust Litigation, holding that the district court...more

King & Spalding

Eleventh Circuit Vacates Order Certifying Robocall Class Because District Court Failed to Consider Whether Absent Class Members...

King & Spalding on

On November 15, the Eleventh Circuit vacated an order certifying a class of individuals who claimed to have received robocalls in violation of the Telephone Consumer Protection Act (“TCPA”), holding that the district court...more

Faegre Drinker Biddle & Reath LLP

Lack of Widespread Harm Traceable to TCPA Violation Requires Decertification of Class Action, Eleventh Circuit Rules

The Eleventh Circuit last week issued a common-sense ruling vacating class certification in a TCPA case—an area of the law where common sense does not always prevail. In Cordoba v. DIRECTV, LLC, No. 19-12077 (11th Cir. Nov....more

Dechert LLP

D.C. Circuit Affirms Denial of Class Certification; Plaintiffs Derailed by Expert Model Showing Uninjured Shippers

Dechert LLP on

On August 16, 2019, the D.C. Circuit Court of Appeals affirmed a denial of class certification to a proposed class of shippers seeking to recover damages from Class 1 railroads for an alleged price-fixing conspiracy. The...more

Faegre Drinker Biddle & Reath LLP

9th Circuit Restores and Clarifies Standards for Certification of Settlement Classes

The Ninth Circuit’s recent en banc decision in In re Hyundai and Kia Fuel Economy Litigation, — F.3d —, 2019 WL 2376831 (9th Cir. Jun. 6, 2019), restored some much-needed balance to the class action universe. The court...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Fuels More Efficient Nationwide Class Settlement

Reversing itself in a 7-4 en banc decision, the Ninth Circuit reinstated a $210 million settlement in multidistrict class action litigation over the advertised fuel efficiency of Hyundai and Kia vehicles, making approval of...more

Jackson Lewis P.C.

Truckers’ $2.35 Million Dollar Class Settlement Vacated Due To District Court’s Cursory Analysis

Jackson Lewis P.C. on

The U.S Court of Appeals for the Tenth Circuit recently vacated a Utah district court’s finding that a class of truckers satisfied Rule 23 for purposes of settling two wage-hour actions due to a cursory review below, setting...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018 #3

LEGISLATION, REGULATIONS & STANDARDS - ASA Upholds Complaints Against Ads Targeting Children - The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements...more

Bradley Arant Boult Cummings LLP

The Impact of Disparate State Laws on Class Certification for Settlement Purposes: Ninth Circuit to Review Hyundai and Kia Fuel...

The Ninth Circuit has agreed to review a panel decision from the court which rejected a settlement in multidistrict litigation over the fuel efficiency of Hyundai Motor America Inc. and Kia Motors Corp. vehicles. The case and...more

Jackson Lewis P.C.

Multi-Million Dollar Nationwide Class Settlement Vacated By Ninth Circuit

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

A&O Shearman

Second Circuit Vacates Class Certification Order And Reaffirms Standard For Defendants To Rebut The Basic Presumption Of Reliance

A&O Shearman on

On January 12, 2018, the United States Court of Appeals for the Second Circuit vacated a district court order certifying a securities fraud class action brought by purchasers of common stock in The Goldman Sachs Group, Inc....more

Carlton Fields

Second Circuit Vacates District Court’s Confirmation Of Class Certification Award

Carlton Fields on

The question presented was whether the arbitrator had the authority to certify a class that included absent class members, i.e., employees other than the named plaintiffs and those who have opted into the class. Finding the...more

Mintz - Arbitration, Mediation, ADR...

Is “Class Arbitration” an Oxymoron — a Shoe Drops in the Second Circuit

In a recent series of articles, we asked whether “class arbitration” — meaning the utilization of a Fed. R. Civ. P. 23 class action protocol in an arbitration proceeding — is ultimately viable. Given the nature of...more

A&O Shearman

Second Circuit Partially Vacates Class Certification, Holding That Whether Securities Transactions Are "Domestic" Raises...

A&O Shearman on

On July 7, 2017, in a decision making several significant rulings and clarifications, the United States Court of Appeals for the Second Circuit vacated in part an order certifying classes asserting claims under the Securities...more

Carlton Fields

Two Second Circuit Cases, Two Applications of Campbell-Ewald, Two Different Results, Three Weeks Apart

Carlton Fields on

Within roughly three weeks, the Second Circuit issued two opinions applying the Supreme Court’s Campbell-Ewald Co. v. Gomez decision to class action cases involving Rule 68 offers of judgment. On February 15, 2017, in Leyse...more

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