News & Analysis as of

Fees Class Action Class Certification

Carr Maloney P.C.

SCOTUS Deepens Circuit Split on Predominance Standard

Carr Maloney P.C. on

The United States Supreme Court declined Visa and Mastercard’s petition for certiorari on Monday, thereby deepening a split between the circuit courts regarding the predominance standard for class certification. The National...more

Carlton Fields

Florida Court Peels Away Deceptive Label, Increasing Exposure in Class Actions

Carlton Fields on

A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels. In Waste Pro USA v. Vision Construction Ent., Inc., a Florida...more

Carlton Fields

Are Administrative Fees and Costs a Benefit to the Class as a Whole? A Circuit Split Continues

Carlton Fields on

In 2017, the Eighth Circuit reversed the certification of a settlement class in the Target 2013 security breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 847 F.3d 608, 613 (8th Cir. 2017). ...more

Carlton Fields

Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement

Carlton Fields on

Using the Third Circuit’s comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants allegedly charged an...more

Carlton Fields

Adequacy is Adequate: DC District Court Certifies Pacer Fee Class

Carlton Fields on

The United States District Court for the District of Columbia certified a class of all individuals and entities who paid fees to obtain court records though the Public Access to Court Electronic Records (PACER) system. The...more

Carlton Fields

Eighth Circuit Affirms Denial of “Predominance” Class: The Long Arm of the Missouri Merchandising Practices Act Does Not Reach...

Carlton Fields on

In 2012, California resident Ronald Perras brought suit in federal district court against H&R Block and its affiliates (H&R), which are headquartered in Kansas City, Missouri. Perras alleged that H&R violated the Missouri...more

Proskauer - Employee Benefits & Executive...

Seventh Circuit Again Grants Class Certification In Excessive Fee Case

On remand from the Seventh Circuit, a federal district court in Illinois granted class certification in a case where participants in a Boeing 401(k) plan alleged that Boeing breached its fiduciary duties under ERISA by: (i)...more

Goodwin

In Abbott, Seventh Circuit Refines Applicability of Class Action Device in Defined Contribution Challenge

Goodwin on

In its continuing analysis of when a class may be certified in a case alleging breach of fiduciary duties with respect to a defined contribution plan, the Seventh Circuit, in Abbott v. Lockheed Martin Corporation, reversed...more

BakerHostetler

Seventh Circuit Says “Smallness” Is Not a Bar to Class Certification

BakerHostetler on

In what it describes as an effort to advance the law of class certification, the Seventh Circuit last week issued a decision, written by Judge Posner, that many would say does just the opposite. ...more

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