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Robinson+Cole Class Actions Insider

Liability vs. Damages in Class Certification Analysis Addressed by Fifth Circuit

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In analyzing class certification issues, courts have said that common issues may predominate in some cases even though damages would have to be determined individually for each class member. But what about where some class...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2023

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Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more

Robinson Bradshaw

Does Due Process Limit Aggregate Statutory Damages in Class Actions?

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Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid issues of individualized...more

Ballard Spahr LLP

Ninth Circuit puts new limits on aggregate statutory awards following remand of nearly $1 billion TCPA judgment

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In Wakefield v. ViSalus, Inc., the Ninth Circuit considered whether a jury verdict of $925,200,000 for cumulative statutory damages under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) was constitutional in...more

Alston & Bird

Class Action & MDL Roundup – Q1 2022

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2022. In this edition, COVID cases are still endemic for insurance companies, kids’ contracts are voidable...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reverses Class Certification Order Because Liability Issues, Not Merely Damages, Were Individualized

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The Ninth Circuit recently addressed an issue that tends to arise frequently in class certification motion practice: how trial courts should apply the predominance requirement where appellate decisions have said that the need...more

Jenner & Block

In Divided En Banc Ruling, Ninth Circuit Holds That the Potential Presence of Uninjured Class Members Does Not Defeat Class...

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In April 2021, the Ninth Circuit issued its panel opinion in Wholesale Grocery Cooperative v. Bumble Bee Foods LLC, which held that the district court erred in certifying several classes of tuna purchasers in an antitrust...more

Kilpatrick

Ninth Circuit: proof of injury is a merits issue that can doom class treatment

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Takeaway: When a district court certifies a damages class action, it often cites the long line of cases holding that, because damages for each class member can be determined after a class action trial on liability,...more

Orrick, Herrington & Sutcliffe LLP

Scanning the Class and Collective Action Horizon

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While group litigation and collective actions have traditionally been more difficult to pursue in the UK than in the U.S., changes to UK civil procedure rules and societal attitudes towards group ligation means that these...more

Proskauer - Advertising Law

Ninth Circuit Clarifies Standing Requirements for Damages Classes

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In a decision that will have repercussions for consumer false advertising lawsuits, a Ninth Circuit panel recently ruled in a Fair Credit Reporting Act (“FCRA”) case that all class members must have standing at the trial...more

McManis Faulkner

Class Actions: A Brief Comparison of Federal and California Practice [Part 5 of 5]

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Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time,[1] other procedures are entirely distinct. As a matter of...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2018

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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

Orrick, Herrington & Sutcliffe LLP

Big Changes Could Be Coming in Class Action Litigation

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On February 10, 2017, U.S. Rep. and House Judiciary Committee Chairman, Bob Goodlatte (R-Va), introduced a new version of his Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the "Act"). The Act, while bearing the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Summer 2016"

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This is the 12th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

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