Evidence, Putative Class Actions

Product Liability Update - April 2023

Foley Hoag LLP on 5/12/2023

MASSACHUSETTS - First Circuit Holds Failure-To-Warn Claims Against Drug Manufacturer Preempted By Federal Food, Drug, And Cosmetic Act Because Animal Studies Cited By Plaintiffs Did Not Demonstrate Risks Beyond Those In...more

Ninth Circuit Reiterates That Individualized Defenses Matter When Deciding Class Certification

Robinson+Cole Class Actions Insider on 3/21/2023

A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification. In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...more

Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

Robinson+Cole Class Actions Insider on 9/23/2021

On August 30, 2021, the U.S. Court of Appeals for the First Circuit issued a decision in Bais Yaakov of Spring Valley v. ACT, Inc. that addresses how plaintiffs can satisfy the predominance requirement in federal class...more

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence Is...

Goodwin on 5/5/2021

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more

Ninth Circuit Affirms Summary Judgment in Fraudulent Omission Class Action Based on Plaintiffs’ Failure to Present Evidence of...

King & Spalding on 9/11/2020

On June 18, the Ninth Circuit affirmed the Central District of California’s grant of summary judgment on claims asserted against Unilever by various putative classes of consumers who purchased St. Ives facial cleanser. The...more

Lack of Standing Dooms Organizational Plaintiffs’ False Advertising Claims; Such a Challenge Can Be Brought at Any Time

Sheppard Mullin Richter & Hampton LLP on 8/6/2019

Challenges based on lack of standing can be brought at any time and, in Friends of the Earth v. Sanderson Farms, Inc., 2019 U.S. Dist. LEXIS 127964 (N.D. Cal. July 31, 2019), the court dismissed a putative class action for...more

Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion

White and Williams LLP on 1/7/2019

Yesterday January 3, 2019, the U.S. Court of Appeals for the Eighth Circuit held that an insurer had provided adequate notice of the Distribution of Material exclusion in a renewal policy to make the exclusion enforceable in...more

This is How It Is in TCPAland: Class Counsel Moves to Strike Defendant’s Consent Defense for Seeking One Week Extension to Redact...

Womble Bond Dickinson on 12/18/2018

Lest anyone think TCPAland isn’t fraught with peril for unwary defendants, let me tell you a quick tale. Citibank is facing TCPA class litigation in the Northern District of California–yes the same Citibank that so...more

How To Count To 67%: CAFA Jurisdiction In The Ninth Circuit

Seyfarth Shaw LLP on 9/26/2018

Seyfarth Synopsis: The Ninth Circuit, addressing how to prove exceptions under CAFA, reminds us that removal under CAFA might be an invitation for extensive preliminary discovery battles, and prolonged motion practice. The...more

“Merest Sophistry”: Court Denies Rule 11 Motion in TCPA Case and Actually States that Defendant Wasted the Court’s Time

Womble Bond Dickinson on 9/6/2018

I need to share another quick TCPA procedure lesson before I get some actual work done today. Rule 11 Motions are not vehicles to test the merits of a claim. Keep that in mind lest a judge ask you not to waste the court’s...more

Are Defendants Required To Create Datasets to Respond to Discovery Requests in Class Actions?

Robinson+Cole Class Actions Insider on 1/29/2018

Discovery disputes in class actions often focus on plaintiffs’ requests for computer data regarding putative class members’ claims, and how far defendants need to go in providing such data. ...more

Putative Class Member’s Spoliation Of Evidence Disqualifies Him As A Class Representative

Carlton Fields on 12/22/2017

A district court recently disqualified a plaintiff from acting as a class representative because his spoliation of evidence rendered him an atypical class member. The plaintiffs allege that casting sand used in creating Jeep...more

California Employment Law Notes - September 2017

Proskauer - California Employment Law on 9/13/2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Supreme Court to Answer Question of Whether Evidence Is Required for Removal to Federal Court

Faegre Drinker Biddle & Reath LLP on 9/23/2014

Is "a short and plain statement" of the grounds for removal sufficient to remove a case to federal court? Or must a defendant supply admissible evidence in its notice of removal to prove amount in controversy? The Supreme...more

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