News & Analysis as of

Predominance Requirement

Womble Bond Dickinson

Bad Plan: Court Approves Certification in TCPA Text Message Case Including Remarkable...

by Womble Bond Dickinson on

Well now I’ve seen everything. Yep. Everything. Yesterday a court in Florida certified a TCPA class action against Pizza Hut and some of its marketing partners/friends/afilliates, whatever, that’s not the point. Because...more

Weil, Gotshal & Manges LLP

Court Denies Class Cert, But With Plenty of Dicta

by Weil, Gotshal & Manges LLP on

In a decision denying class certification, the Southern District of California in Conde v. Sensa, spent considerable time discussing how Plaintiff otherwise satisfied the typicality requirement necessary for moving forward...more

Carlton Fields

Reservation Canceled! Court Strikes Class Allegations Against American Airlines

by Carlton Fields on

The Northern District of Illinois recently granted defendant American Airlines’ motion to strike class allegations in a passenger’s breach of contract suit brought after American cancelled plaintiff’s flight reservation when...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

Carlton Fields

Louisiana Appeals Court Affirms Class Certification in Lingering Litigation Against Department of Insurance

by Carlton Fields on

A Louisiana appeals court recently affirmed class certification in consolidated lawsuits, pending since 1991, against Louisiana’s Department of Insurance, other related state entities, and the state’s excess insurance...more

Womble Bond Dickinson

Putting on a Clinic: A Breakdown of Citi’s Recent Major Success Defeating Certification in a Revocation and Wrong Number TCPA...

by Womble Bond Dickinson on

CitiGroup, Inc. (“Citi”) just defeated certification in a massive class action in the consumer-friendly Northern District of Illinois in the case of Tomeo v. CitiGroup, Inc., No. 13-C-4046, 2018 U.S. Dist. LEXIS 166117 (N.D....more

Womble Bond Dickinson

Finding Solid Ground: Junk Fax TCPA Certification Opinions Slowly Aligning with Certification Approach Applied in Other TCPA...

by Womble Bond Dickinson on

Outside of the fax context, the chances of certifying a TCPA case have turned almost exclusively on whether class member phone numbers all derived from a “single source” or from multiple different sources. This fact seems to...more

Womble Bond Dickinson

Nothing Common About This Ruling: Court Finds Lack of Even a Threshold Common Issue in TCPA Certification Bid

by Womble Bond Dickinson on

Class actions under the Telephone Consumer Protection Act (“TCPA”) are rarely, if ever, certified in the debt collection context outside of highly-unique circumstances. So today’s decision in Frederick Luster v. Green Tree...more

Carlton Fields

Defense Victories in Genetic and Biometric Privacy Class Actions

by Carlton Fields on

In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic and biometric data....more

Womble Bond Dickinson

Predominance Dominance: Certification Denied in TCPA Fax Case Owing to Diverse Issues of Consent

by Womble Bond Dickinson on

I’m at a wedding. But real quick, did you see the class action denial in Khs Corp. v. Singer Fin. Corp. Case No. 16-55, 2018 U.S. Dist. LEXIS 143337 (E.D. Pa Aug. 23, 2018)? Its good stuff....more

Bradley Arant Boult Cummings LLP

Defeating Class Certification in Consumer Data Breach Class Actions Begins with Understanding How They Occur

Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the...more

Bradley Arant Boult Cummings LLP

The Impact of Disparate State Laws on Class Certification for Settlement Purposes: Ninth Circuit to Review Hyundai and Kia Fuel...

The Ninth Circuit has agreed to review a panel decision from the court which rejected a settlement in multidistrict litigation over the fuel efficiency of Hyundai Motor America Inc. and Kia Motors Corp. vehicles. The case and...more

Kilpatrick Townsend & Stockton LLP

RICO class actions: To win certification, the RICO claims must be driven by defendant-specific and not class-member specific...

Takeaway: RICO actions tend to be complex. RICO class actions add to the complexity, because class counsel must figure out a way to persuade a court that common issues predominate over individual ones. This is a challenge,...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

Kelley Drye & Warren LLP

Second Circuit Bounces Multistate “Natural” Class. Now, Keep An Eye On the Ninth Circuit

by Kelley Drye & Warren LLP on

Early this year, a Ninth Circuit panel upended a major nationwide class action settlement because it found that the District Court had not sufficiently considered material differences among the 50 states’ relevant laws. I...more

Womble Bond Dickinson

Hidden Gem: Did the Ninth Circuit Just Tip its Hand in a Junk Fax Case on the Validity of the FCC’s Predictive Dialer Rulings...

by Womble Bond Dickinson on

Call it a silver lining, but the Ninth Circuit just telegraphed a bit of what we might see in the big Marks v. Crunch appeal in what was otherwise a not-so-great opinion reversing the denial of class certification in a...more

Carlton Fields

No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case

by Carlton Fields on

Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary...more

Carlton Fields

Despite Second Shot at Ascertainability Post-Petrobras, Renewed Motion To Certify Falls Flat On Predominance Grounds

by Carlton Fields on

Royal Park, an investment company, recently suffered its second defeat in its attempt to certify a class action against Deutsche Bank regarding bond-like instruments collateralized by mortgages held in trusts entitling...more

Carlton Fields

Third Circuit Rejects ‘Shingle Lottery’ Theory of Common Defect in Putative Homeowner Class

by Carlton Fields on

The Third Circuit Court of Appeals recently affirmed a district court order denying certification to a group of homeowners in four states who alleged roof shingle manufacturer Owens Corning sold defective roof shingles and...more

Shearman & Sterling LLP

Southern District Of New York Denies Class Certification For Failure To Satisfy Predominance Prong Of Rule 23(b)(3)

by Shearman & Sterling LLP on

On April 17, 2018, Judge Katherine Polk Failla of the United States District Court for the Southern District of New York denied class certification in an action asserting claims for breach of contract and breach of trust...more

Kilpatrick Townsend & Stockton LLP

Leveraging Comcast – beating predominance where challenged product has some value

Takeaway: Alleging a “price premium” or “benefit of the bargain” damages theory is one thing. Proving it is another. A recent decision by Judge Lucy Koh of the Northern District of California shows the difficulty of...more

McGuireWoods LLP

More on In re Hyundai & Kia

by McGuireWoods LLP on

Just a brief update on the 9th Circuit’s most controversial class-action case of the year. As expected, the proponents of the settlement that was rejected have appealed the case to the Ninth Circuit en banc....more

Bradley Arant Boult Cummings LLP

Must the Rule 23 Predominance Requirement Be Satisfied for Purposes of a Class Settlement? The Ninth Circuit Says, “Yes.”

In 2015, the Rule 23 Subcommittee to the Advisory Committee on Civil Rules floated the idea of amending Rule 23 to eliminate the predominance requirement for class certification in the settlement context. The suggestions...more

Seyfarth Shaw LLP

Branch v. GEICO: The Convergence Of Class Certification And Article III Standing

by Seyfarth Shaw LLP on

On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

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Updated: May 25, 2018:

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