News & Analysis as of

Opt-Outs Class Members

Blake, Cassels & Graydon LLP

Court of Appeal for Ontario Confirms Test for Extending Period to Opt Out of Class Proceedings

The Court of Appeal for Ontario (Court) has confirmed the test for granting an extension to opt out of a class proceeding after the court-ordered deadline has elapsed. The Court has also confirmed that such deadline will...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

Skadden, Arps, Slate, Meagher & Flom LLP

What Is the Future for Opt-Out Class Actions in the UK After Lloyd v Google?

Takeaways - The U.K. Supreme Court, in its much-anticipated decision in Lloyd v Google, held that “opt-out” representative (class) actions cannot proceed unless the plaintiff proves material damage and shows that each class...more

Akin Gump Strauss Hauer & Feld LLP

Lloyd v Google UK Supreme Court Class Action Judgment — End of the Road for Some, Open Door for Others

On 10 November 2021, the Supreme Court dismissed the United Kingdom’s first ever “opt-out” class action brought outside of the competition law sector, in Lloyd v Google LLC. The claim, seeking an award of damages of around £3...more

Kilpatrick

Third Circuit forbids “one-way intervention” in cases combining FLSA opt-in collective claims with Rule 23 opt-out claims

Kilpatrick on

Takeaway: In theory, class litigation should be fair. Class members should not be permitted to see how a case will play out at trial before deciding whether to opt out of a damages class – a practice known as “one-way...more

McGuireWoods LLP

Seventh Circuit Rejects the “Reasonable Indication” Approach For Class Member Opt-Outs

McGuireWoods LLP on

Recently, in the Matter of Navistar MaxxForce Engines Mktg., Sales Practices, & Prod. Liab. Litig. (“Navistar”), the Seventh Circuit Court of Appeals was asked to adopt the “reasonable indication” approach, which would allow...more

BakerHostetler

Seventh Circuit Holds That Opt-Outs Lack Standing To Challenge Settlement

BakerHostetler on

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

Hogan Lovells

Will Widened Class Actions Regime Boost Data Litigation in the Netherlands?

Hogan Lovells on

On 19 March 2019, the Dutch Senate approved legislation introducing collective damages actions in the Netherlands (the “Legislation”) which will broaden the regime even further. ...more

Jones Day

A SurfStitch in Time: Court Cannot Waive Opt-Out Rights in Australian Class Action

Jones Day on

The Situation: The court's general power to make "any order [it] thinks appropriate or necessary to ensure that justice is done" in a class action has been employed to make a wide range of orders, including to remove the...more

Fox Rothschild LLP

Judge Allows Named Plaintiff Expansive Ability To Communicate With Potential Opt-Ins In FLSA Collective Action

Fox Rothschild LLP on

When a class action is filed, often times there are issues (for the plaintiff and their counsel) as to who should be in the class. Often, the named plaintiff will seek to reach out to other putative class members, but it is...more

Proskauer - Corporate Defense and Disputes

Dutch Court Approves Collective Settlement of Fortis Shareholders’ Claims

The Amsterdam Court of Appeal has approved a €1.3 billion collective settlement of claims asserted on behalf of shareholders of the former Fortis (now Ageas). The July 13, 2018 decision again shows that the Dutch Act on...more

Bradley Arant Boult Cummings LLP

Due Process Strikes Back: Alabama Supreme Court Vacates $124M Class Settlement Attorneys’ Fee Award

The Alabama Supreme Court recently vacated a substantial $124 million attorneys’ fee award in connection with a class action settlement (Lawler v. Johnson et al., No. 1151347, — So. 3d –, 2017 WL 4707517 (Ala. Oct. 20,...more

Mintz - Securities Litigation Viewpoints

Treasury Wine Decision Confirms Shift in Class Action Closure Process

Recently, in Melbourne City Investments Pty Ltd v. Treasury Wine Estates Limited (“Treasury Wine”), the Full Court of the Federal Court of Australia considered a primary judge’s class closure order which broke new ground in...more

Proskauer - Corporate Defense and Disputes

NY Court Of Appeals Rejects No-Opt Out Class Action Settlement In Shareholder Litigation

In Jinnaras v. Alfant, decided on May 5, 2015, the New York Court of Appeals rejected a proposed settlement of a shareholder class action, where the proposed settlement would have deprived out-of-state class members of a...more

Carlton Fields

Court Vacates Arbitration Decision That Allowed Class Members To Opt-Out Of Injunctive Relief Class, Finding Arbitrator Exceeded...

Carlton Fields on

Reviewing a previously conferred arbitration award, a district court in New York granted defendant Sterling Jewelers’ motion to vacate the decision to the extent that it would have allowed class members the opportunity to...more

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