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
As predicted back in March 2022, class litigation related to per- and polyfluoroalkyl substances (PFAS) has accelerated over the past year. PFAS are a group of man-made chemicals that have been widely used in various...more
In Association of American Physicians & Surgeons v. United States Food and Drug Administration (“AAPS”), __ F.4th __, 2021 WL 4097325 (6th Cir. Sept. 9, 2021), the Sixth Circuit Court of Appeals recently cast doubt on the...more
In a case regarding slack fill claims by a class of purchasers of Barilla branded pasta, the Second Circuit has issued a decision with implications for class-action cases going forward. The Court held that the District Court...more
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 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
Federal district courts in Florida continue to be at odds over whether a class plaintiff who claims to have suffered a past injury based on a defendant’s violation of the Florida Deceptive and Unfair Trade Practices Act...more
What were they thinking, anyway? Eighteen months ago, a group of African American financial advisors brought suit against JPMorgan Chase for alleged race discrimination and retaliation....more
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
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
In a case strikingly similar to a case that had been before the Supreme Court last term and that involves the same defendant and the same well-traveled objector, a unanimous panel of the Third Circuit vacated and remanded a...more
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
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
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
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
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
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
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
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
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
“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
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
A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the...more
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
A fair amount of attention has been given in the legal media to the Fairness in Class Action Litigation Act of 2017, H.R. 985, which has passed the House of Representatives and is currently under consideration by the Senate....more