Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend
Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it...more
On November 13, the Ninth Circuit affirmed the Northern District of California’s denial of class certification in an action against Apple, Inc., holding that the plaintiffs’ expert’s wait-and-see approach to calculating the...more
Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more
In Comcast v. Behrend, 569 U.S. 27 (2013), the United States Supreme Court clarified the requirements for establishing that classwide injury and damages predominate over individual issues for the purposes of FRCP 23(b)(3). In...more
Takeaway: Alleging a “price premium” or “benefit of the bargain” damages theory is one thing. Proving it is another. A recent decision by Judge Lucy Koh of the Northern District of California shows the difficulty of...more
Takeaway: Following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), class action defendants frequently have argued damages cannot be established on a class-wide basis. Conversely,...more
A high-profile class action against Barclays over so-called high-frequency trading is heading into a key phase this month, with the court set to decide plaintiffs’ motion for class certification—a pivotal moment in the case’s...more
Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more
A Ninth Circuit panel reversed a district court’s order denying certification of a putative nationwide class of internet advertisers, holding that the district court erred in finding that plaintiff failed to satisfy Rule...more
On May 12, 2015, we reported at here on a non-ERISA case accepted for review by the Supreme Court in the 2015-16 Supreme Court Term that has ERISA Litigation implications. Now, as that Term is set to begin on October 5,...more
We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more
The plaintiffs in three actions against entities and individuals involved in the Full Tilt Poker Internet gambling operation dismissed their claims without prejudice in the U.S. District Court for the Southern District of New...more
In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more
The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification “game-changer” that raised the bar for plaintiffs seeking class certification in competition and other class cases —...more
The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the...more
In Werdebaugh v. Blue Diamond Growers, the plaintiff brought suit in the United States District Court for the Northern District of California to certify a nationwide class of consumers who purchased Blue Diamond almond milk...more
In a long-awaited decision, the California Supreme Court in Duran v. U.S. Bank National Association, S200923 (May 29, 2014), clarified California's standard for certifying class actions in employee misclassification cases. In...more
On February 24, 2014, the U.S. Supreme Court denied certiorari in three “moldy” washing machine class actions, which presented questions regarding Fed. R. Civ. P. 23’s commonality and predominance requirements as clarified by...more
Recent decisions by the U.S. Supreme Court have improved the landscape for defendants seeking to fend off mass tort and consumer class actions. In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the Supreme Court tightened...more
Three cases about moldy washing machines currently sit at the U.S. Supreme Court, waiting for their names to be called. The cases are nearly identical consumer products class actions, and they have enormous potential to shape...more
On November 5, 2013, the Supreme Court of Ohio adopted the class certification principles announced in the U.S. Supreme Court's decisions in Wal-Mart Stores, Inc. v. Dukes and Comcast v. Behrend. In Cullen v. State Farm...more
Last week, the Ohio Supreme Court denied class certification in Cullen v. State Farm Mutual Automobile Insurance Company, Slip Opinion No. 2013-Ohio-4733 (Nov. 5 , 2013). In a 5-2 decision, the Court overruled the trial and...more
On November 5, 2013, BakerHostetler's class action litigation team secured a major victory for Ohio class action defendants when the Supreme Court of Ohio adopted the class certification principles announced in the United...more
Top Story - Six Months Since Comcast: What Do Recent Decisions Mean For Antitrust Practitioners? Every antitrust lawyer should be familiar with the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133...more
Background: Butler v. Sears, Roebuck and Co. is two class action lawsuits rolled into one. The classes have different members and different claims arising from alleged defects in Kenmore-brand Sears washing machines. One...more