News & Analysis as of

FRCP 23(b)(2) Class Certification

Kilpatrick

Fourth Circuit affirms denial of class certification for golf course investors allegedly swindled by Ponzi scheme

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In July 2024, the Fourth Circuit affirmed the denial of class certification for a group of Chinese investors who were allegedly duped into entering a Ponzi-like investment scheme to purchase two dozen golf courses and other...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

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Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more

Seyfarth Shaw LLP

Court Declines To Certify Class Of Sexually Assaulted Hospital Patients

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Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more

Carlton Fields

Through the Looking Glass: Damages “Warts” Wreck Injunction Class

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Mirror, mirror on the class, are damages what you really asked? The Eleventh Circuit reversed an interlocutory order certifying an injunction class, rejecting the plaintiffs’ ploy “to lop off all the damages-based warts...more

Kilpatrick

Eleventh Circuit Reverses Certification of Damages Class Masquerading as Injunction Class

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Takeaway: Injunctive relief is a forward-looking remedy. A damages award compensates for past harm. This dichotomy lies at the heart of the difference between a Rule 23(b)(2) injunctive relief class and a Rule 23(b)(3)...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2018: Trend #2 Class Certification Trends In 2018

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Seyfarth Synopsis: As our 2019 Workplace Class Action Report describes, 2018 was quite an interesting year for employers in terms of class certification rulings. ...more

Bilzin Sumberg

Knowledge Is Not Power for Class Action Plaintiffs

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The saying goes, knowledge equals power. For plaintiffs asserting claims for injunctive relief on behalf of putative classes, however, the Mott’s Apple Juice case demonstrates just the opposite....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Midyear Update 2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

Robinson+Cole Class Actions Insider

Numerosity and Commonality Requirements Reinforced by Third Circuit

The Third Circuit’s new opinion on class certification issues in Mielo v. Steak ‘N Shake Operations, Inc., No. 17-2678 (3d Cir. July 26, 2018) provides helpful guidance for district courts and class action lawyers on both...more

Bradley Arant Boult Cummings LLP

The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues

Last week the Sixth Circuit took a big step to extend its reputation as one of the most class-friendly circuits in the country. In Martin v. Behr Dayton Thermal Prods. LLC, Judge Jane Stranch, writing for a unanimous panel,...more

Foley & Lardner LLP

A Primer: Wisconsin's New Class Action Statute

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The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more

Carlton Fields

Third Circuit Ascertainability Requirement Puts The Squeeze On Orange Juice Purchasers

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A New Jersey district court denied certification to a putative class of Tropicana orange juice purchasers from “Members Only” or “Loyalty Card” stores in California, New York, New Jersey, and Wisconsin. Plaintiffs alleged...more

Blank Rome LLP

Class Gets the Squeeze: Class Certification Denied in In Re: Tropicana Orange Juice Marketing and Sales Practices Litigation,...

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Consumer class action litigation—often accusing the defendant company of deceiving its customers—strikes at the heart of a company’s reputation, goodwill, and brand—all of which are often built over the course of many years...more

Carlton Fields

Food For Thought: Liability-Only Class Certification Denied For Claims That “No Sugar Added” Juice Labels Misled Consumers Into...

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Plaintiff’s putative class action alleged that defendant Mott’s violated FDA regulations and California’s Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice with the label “No Sugar...more

Jackson Lewis P.C.

“12 Inches” Is Much Ado About Nothing – Seventh Circuit Serves Subway And Practicality A Win In Footlong Class Action

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“A class action that ‘seeks only worthless benefits for the class’ and ‘yields [only] fees for class counsel’ is ‘no better than a racket’ and ‘should be dismissed out of hand.’” In re Subway Footlong Sandwich Mktg. & Sales...more

Carlton Fields

District Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal...

Carlton Fields on

An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)...more

Foley & Lardner LLP

“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

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On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line...more

Carlton Fields

Play Ball! California Federal Court Reconsiders Order Denying Minor League Baseball Players’ Motion For Class Certification

Carlton Fields on

The Northern District of California recently renewed hope in a minor league baseball player class action wage dispute by granting the plaintiffs class certification after they narrowed the class. The court had previously...more

Carlton Fields

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

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The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Proskauer - Minding Your Business

Case Halted: California Court Denies Class Certification in Ford Defective Steering Case

On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford Fusion or Ford Focus...more

Proskauer - Advertising Law

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant...more

Seyfarth Shaw LLP

Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

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Seyfarth Synopsis: African American pipefitters filed a class action against their labor union based on its allegedly discriminatory system for referring jobs to union members. Despite the fact that third-party employers...more

Seyfarth Shaw LLP

8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental...

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Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more

Carlton Fields

Southern District of California Diffuses Hairdryer Class

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The Southern District of California decertified a nationwide consumer product class due to material differences between the state laws applicable to the claims. The plaintiff in Czuchaj v. Conair Corp. alleged a defect in...more

Carlton Fields

Ninth Circuit: Common Issues Do Not Predominate in Mortgage Borrowers’ Action

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The Ninth Circuit affirmed an order denying class certification in a case involving allegations that a mortgage servicer wronged borrowers through its implementation of the federal Home Affordable Modification Program (HAMP)....more

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