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Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts

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Welcome to the inaugural edition of Classified Monthly: A Roundup of Class Action Decisions from Federal Appellate Courts.   The Roundup normally will arrive in your inbox the first week of each month and will cover the...more

Benesch

Dispute Over Whether TCPA Litigator Invited Calls Make Her “Inadequate” to Represent Class

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In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more

Benesch

DCD Compels Arbitration for TCPA Class Action Despite Being Non-Signatory to Agreement

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The District of Massachusetts’s recent decision in Fairfield v. DCD Auto. Holdings, Inc., No. 22-cv-11977, 2023 U.S. Dist. LEXIS 109463 (D. Mass. June 26, 2023) serves as a key reminder for businesses not only to have...more

Patterson Belknap Webb & Tyler LLP

Johnson Stands (For Now): Eleventh Circuit Keeps Its Ban on Class Rep Incentive Awards

For decades, Plaintiffs and defendants have fought bitterly over most aspects of class-action law.  One issue, however, had managed to escape serious contention: the propriety of paying “incentive awards” (also known as...more

UB Greensfelder LLP

A Class Action Was Just Filed – Now What?

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A 10-Point Response Plan - The company was just sued in a putative class action. Now what? The following 10-point response plan broadly outlines the initial steps to implementing a comprehensive class action defense,...more

Hudson Cook, LLP

Can a Serial TCPA Plaintiff Represent a Class?

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The TCPA has long been a breeding ground for innovative and aggressive plaintiffs and the attorneys who represent them. A recent federal district court decision highlights an important limitation on claims under the...more

Eversheds Sutherland (US) LLP

Frequent TCPA flyer is grounded: Federal judge denies class certification due to representative’s deceptive practices

A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - July 2021

Motions To Strike Class Allegations: Here To Stay or Going out of Style? By their nature, class actions, given the prospect of classwide liability and potentially millions (if not billions) in aggregated damages, are...more

Womble Bond Dickinson

Central District of California Rejects Class Claims, Finding That Disclosure of All Data Is Not Required Under FCRA Section...

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On November 18, 2020, the United States District Court for the Central District of California (the “Central District”) dismissed the First Amended Complaint of putative class representatives asserting a FCRA claim against...more

Proskauer - Advertising Law

Split Eleventh Circuit Panel Eliminates Incentive Awards for Class Representatives

Last month, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it...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

Ballard Spahr LLP

Ninth Circuit Curtails Consumers’ Class Claims Under the Magnuson-Moss Warranty Act

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Resolving an issue of first impression before it, the United States Court of Appeals for the Ninth Circuit held that the Class Action Fairness Act of 2005 (CAFA) “may not be used to evade the specific numerosity requirement”...more

Akin Gump Strauss Hauer & Feld LLP

It Settled—Now What? Ninth Circuit Limits Settling Plaintiffs’ Ability to Appeal Orders Denying Class Certification

- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more

Seyfarth Shaw LLP

Ohio Federal Court Rules That Varying “Interests” And “Feelings” Among Putative Class Members Prevents Class Certification

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Seyfarth Synopsis: Although federal courts are certifying class actions at a record rate, a recent opinion by the U.S. District Court for the Southern District of Ohio demonstrates that the requirements of Rule 23 are not...more

King & Spalding

Court Denies Class Certification Based on Lead Plaintiff’s Lengthy Criminal History

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On November 18, the Northern District of California issued an order denying class certification on the sole basis that the proposed named plaintiff was an inadequate class representative under Rule 23(a)(4) due to his prior...more

Womble Bond Dickinson

Ruling Denying TCPA Class Certification Highlights What’s Wrong with the System

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One of the biggest problems with the TCPA is how quickly a single call or text message can become the catalyst of a massive, and expensive nationwide class action creating significant exposure to any business caught in its...more

A&O Shearman

District Of Massachusetts Holds That Plaintiff Who Purchased Stock After Corrective Disclosure Lacks Standing To Pursue Putative...

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On September 23, 2019, Judge Denise J. Casper of the United States District Court for the District of Massachusetts denied class certification in a securities fraud action brought against a biopharmaceutical company (the...more

Farrell Fritz, P.C.

A Film-Worthy Lesson on Class Certification

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A class must satisfy the following prerequisites in order to be certified to proceed in the form of a class action: numerosity, commonality, typicality, adequacy and it must be demonstrated that a class action is superior to...more

Pierce Atwood LLP

Yan v. ReWalk Robotics, Ltd.: No Substitute for Standing in the District of Massachusetts

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On May 16, 2019, the District of Massachusetts denied a lead plaintiff’s motion to amend a complaint that sought to overcome standing deficiencies of the original class representative by adding a new named plaintiff....more

K&L Gates LLP

Second Circuit Rejects Use of Rule 67 to Moot Class Representative’s Claims

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In Radha Geismann, M.D., P.C. v. ZocDoc, Inc., the Second Circuit declined to allow the defendant-appellee to moot a putative class action by depositing $20,000—in full settlement of the plaintiff-appellant’s individual...more

Womble Bond Dickinson

Fairness Doctrine: Second Circuit Rejects Deposit Via Rule 67 as Means of Mooting TCPA Class Action–Finds Plaintiff Must Be...

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Just days ago I wrote about a district court opinion rejecting a tender of complete relief to pick off a named class representative’s claim in a putative TCPA class action. Well today the Second Circuit Court of Appeal has...more

Foley & Lardner LLP

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

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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

Dechert LLP

Supreme Court Limits American Pipe Tolling for Successive Class Actions

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In China Agritech, Inc. v. Resh, the Supreme Court of the United States held that the filing of a class action complaint does not toll a statute of limitations period for later-filed class actions raising the same claims. The...more

Jackson Walker

Supreme Court Holds That American Pipe Tolling Does Not Apply to Successive Class Actions

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Justice Ginsburg delivered the opinion of the Court in China Agritech, Inc. v. Resh, No. 17-342, in which Chief Justice Roberts and Justices Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch joined. Justice Sotomayor filed...more

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