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Class Representatives Class Certification FRCP 23

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle

Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? As we discussed in our Spring 2017 issue of The Class Action Chronicle, courts have struggled to define the...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court to Review Article III Standing Requirement for Absent Class Members

The U.S. Supreme Court granted review last week in TransUnion LLC v. Ramirez, which presents the question of whether Article III or Rule 23 of the Federal Rules of Civil Procedure permits a damages class action where most...more

Mintz - Securities Litigation Viewpoints

Two Isn’t Always Better Than One: SDNY Denies Class Certification Where Lead Plaintiff Hired Two Firms

In a scathing decision by the United States District Court for the Southern District of New York, the Court denied class certification of the Allergan securities class action (“Allergan”). See In re Allergan PLC Sec. Litig.,...more

Seyfarth Shaw LLP

The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

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Seyfarth Synopsis: Incentive awards for class representatives are impermissible, according to a ground-breaking decision last week by the U.S. Court of Appeals for the Eleventh Circuit. Though not an employment case, the...more

Seyfarth Shaw LLP

Eleventh Circuit Ends “Routine” Practice of Awarding Incentive Payments to Named Class Representatives

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It is not atypical for class actions to be brought seeking damages that can be characterized as nominal in nature. An oftentimes powerful incentive for potential class representatives to put their names on a putative class...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

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

Perkins Coie

Ninth Circuit Issues Favorable Class Action Ruling for Defendants

Perkins Coie on

The parties to class action litigation frequently contest whether plaintiffs are entitled to pre-certification discovery aimed at identifying additional or replacement class representatives. The U.S. Court of Appeals for the...more

King & Spalding

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

King & Spalding on

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

Seyfarth Shaw LLP

Ninth Circuit Upholds Decertification of Class in Unauthorized Customer Call Recording Suit Where the Class Representative Did Not...

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Seyfarth Synopsis: On June 5, 2019, the Ninth Circuit issued an opinion in NEI Contr. & Eng’g, Inc. v. Hanson Aggregates Pac. Sw., Inc., 2019 U.S. App. LEXIS 16885 (9th Cir. June 5, 2019), upholding the district court’s...more

Carlton Fields

A Unicorn Sighting? Fourth Circuit Affirms Certification of Defendant Class

Carlton Fields on

Bell v. Brockett is an unusual case in several respects. Most notably, the Fourth Circuit affirmed certification of a defendant class, despite acknowledging that defendant class actions are “so rare they have been compared to...more

Womble Bond Dickinson

Safe!: Putative TCPA Class Action Survives Defendant’s Attempt to Pick off the Named Class Member By Deposit

Womble Bond Dickinson on

Can a named class representative continue to represent a putative TCPA class action even after a Defendant pays the Plaintiff the highest amount he/she could possibly recover on their individual claim? That question was left...more

Foley & Lardner LLP

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

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

Dechert LLP

Supreme Court Limits American Pipe Tolling for Successive Class Actions

Dechert LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2018

This edition focuses on rulings issued between November 16, 2017, and February 15, 2018. In this issue, we cover five decisions granting motions to strike/dismiss class claims, seven decisions denying such motions, 15...more

Cole Schotz

Get to the Head of the Class Promptly: Class Representatives Must be Diligent when Defendants File for Bankruptcy

Cole Schotz on

Plaintiffs in a lawsuit bear a substantial burden when seeking to be certified as a class under federal law. Where the defendant commences a bankruptcy proceeding, and the plaintiffs seek to file a proof of claim on behalf of...more

Foley & Lardner LLP

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

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In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians...more

BakerHostetler

Class Certification Denied In Recent Consumer Products False Advertising Cases

BakerHostetler on

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

Littler

New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions

Littler on

In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and...more

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