News & Analysis as of

Jurisdiction Class Members

Robinson+Cole Class Actions Insider

Class Action Fairness Act (CAFA) Local Controversy Exception Is Narrower Than You Might Think, According to the Fifth Circuit

Think twice about whether the Class Action Fairness Act’s “local controversy” exception applies to your case. Even if more than two-thirds of the proposed class members are citizens of the forum state, there is a significant...more

Robinson Bradshaw

Standing vs. Typicality in Class Actions: Blurry Lines and a Split of Authority

Robinson Bradshaw on

In general, a litigant cannot sue for another person’s injury. In that circumstance, the litigant has no “standing” to pursue those claims. But Rule 23 — at least in a broad sense — allows a class representative to assert...more

Polsinelli

Current Turmoil and Future Risks in Resolving Data Breach Class Actions

Polsinelli on

Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts

This week, the Ninth Circuit addresses the immediate appealability of orders invalidating class action opt-outs, and considers whether a decision not to renew a contract is an adverse employment action for purposes of a Title...more

Foley & Lardner LLP

Fourth Circuit Holds Magistrate Judge Jurisdiction Does Not Require Absent Class Members’ Consent

Foley & Lardner LLP on

Federal law delineates a magistrate judge’s exercise of jurisdiction over a civil case. Specifically, with the “consent of the parties,” a magistrate judge may conduct “any or all proceedings . . . and order the entry of...more

McGuireWoods LLP

Fourth Circuit Upholds Class Settlement Despite Absent Class Member’s Objections to Notice, Fees, and Scope of Release

McGuireWoods LLP on

On a question of first impression in the Fourth Circuit, McAdams v. Robinson, 2022 WL 401806 (4th Cir. Feb. 10, 2022) concluded that absent class members objecting to a magistrate judge’s jurisdiction over settlement are not...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Polsinelli

Two Circuit Courts of Appeals Consider Jurisdiction Over Non-Forum Class Members

Polsinelli on

The Seventh Circuit and District of Columbia Circuit Courts of Appeals recently considered an issue that has been debated by class action lawyers on both sides of the “v” for several years: whether the Supreme Court’s...more

Carlton Fields

Third Circuit Finds Class Members’ Cash Advance Agreements May Fall Short of a True Assignment

Carlton Fields on

On April 26, 2019, the Third Circuit Court of Appeals reversed in part and affirmed in part a district court order purporting to void cash advance agreements entered into by and between class members and litigation funding...more

Jones Day

Supreme Court of New South Wales Relaxes Requirements for Class Actions

Jones Day on

The Situation: Fernandez & Anor v State of New South Wales & Ors [2019] NSWSC 255 raised the question: In a situation where there are multiple defendants, is it necessary that a class representative have a claim against each...more

Moore & Van Allen PLLC

Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements

Moore & Van Allen PLLC on

What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more

Carlton Fields

Don’t Count Your Chickens – Or State Citizens For CAFA Exceptions – Before They Hatch

Carlton Fields on

The Ninth Circuit vacated a remand order implicating the local and home-state controversy exceptions to CAFA jurisdiction in a putative class action by former California resident employees of Kentucky Fried Chicken (KFC) for...more

Akin Gump Strauss Hauer & Feld LLP

Jurisdiction over Absent Class Members Following Bristol-Myers: The District Court Split Continues

• As evidenced by a recent opinion issued in the Northern District of Illinois, district courts continue to wrestle with the applicability of the U.S. Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court of...more

Seyfarth Shaw LLP

D.C. Circuit Finds That Absent Class Members May Intervene On Appeal To Pursue Rule 23(f) Petition Abandoned By Class...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Harrington v. Sessions, No. 15-8009, No. 16-5285 & No. 16-5286 (D.C. Cir. July 21, 2017), the U.S. Court of Appeals for the D.C. Circuit found that absent class members may intervene in an appellate...more

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