News & Analysis as of

Predominance Requirement

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

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

Class Certification Denied in RMBS Investor Suit

by Weiner Brodsky Kider PC on

A judge in the U.S. District Court for the Southern District of New York denied certification to two proposed classes of residential mortgage-backed securities certificateholders in their suit against a large bank, finding...more

Class cert denied in baby food false labeling case: faulty regression model to blame

by Thompson Coburn LLP on

Ever since the Supreme Court’s 2013 decision in Comcast Corp. v. Behrend, 569 U.S. 27, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013), plaintiffs’ lawyers have been clamoring to find a regression model that will support class-wide...more

Court Certifies Class In Duke-UNC No-Hire Workplace Antitrust Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire...more

Class Certification Denied for Alleged New Jersey Consumer Fraud Act Violations

by Weiner Brodsky Kider PC on

The U.S. District Court for the District of New Jersey recently denied a motion for class certification alleging numerous common law and state consumer protection law claims, including New Jersey Consumer Fraud Act (NJCFA)...more

No Rubber Stamp: Ninth Circuit Reverses Certification of Nationwide Class Settlement Due to Failure to Account for Variations in...

by K&L Gates LLP on

The Ninth Circuit recently clarified in In re Hyundai and Kia Fuel Economy Litigation that district courts must carefully scrutinize class settlements to ensure that they satisfy each of the prerequisites of Rule 23,...more

The Ninth Circuit’s Decision In In Re Hyundai Underscores The Challenges Of Certifying Nationwide Classes

by Foley & Lardner LLP on

Last week, a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation[1] vacated the certification of a nationwide class for settlement purposes because the district court failed to address choice-of-law...more

Has the Ninth Circuit Overhauled Nationwide Settlement Classes?

by McGuireWoods LLP on

Earlier this week, in In re Hyundai & Kia Fuel Efficiency Litig., the Ninth Circuit vacated a nationwide class action settlement, ruling that the lower court had abused its discretion by not considering whether the variations...more

Indirect Purchaser Cases in 2017: Key Appeals Court Rulings

by Zelle LLP on

As we enter the new year, we review some of the more interesting 2017 court decisions in or affecting the indirect purchaser class action arena, and provide practitioners with some key takeaways for 2018 and beyond. As with...more

Dispute Over Scope of Preservation Obligation Leads to Partial Sanctions For Now: eDiscovery Case Law

by CloudNine on

In E.E.O.C. v. GMRI, Inc., No. 15-20561-CIV-LENARD/GOODMAN (S.D. Fla. Nov. 1, 2017), Florida Magistrate Judge Jonathan Goodman, in a very lengthy and detailed order, denied in part and granted in part the plaintiff’s motion...more

Federal Court Denies Class Certification in TCPA Suit Against Auto-Lender Exeter Finance

by Burr & Forman on

In Billy Ginwright v. Exeter Finance Corp., No. 8:16-cv-565-TDC, ECF No. 107, 2017 U.S. Dist. LEXIS 194739, 2017 WL 5716756 (D. Md. Nov. 28, 2017), a federal district court recently denied Plaintiff’s motion to certify a...more

Charges By Law Firm-Owned Vendors Challenged In Putative Client Class

by Carlton Fields on

Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the “law firm”) to represent them in two separate personal injury lawsuits on a contingency basis. ...more

New Jersey Supreme Court Rejects Class Certification of TCCWNA Claims in Drink Price Actions

by K&L Gates LLP on

Amidst the significant increase in consumer class action litigation under New Jersey’s Truth in Consumer Contract Warranty and Notice Act (“TCCWNA” or the “Act”), the New Jersey Supreme Court ruled that TCCWNA claims could...more

New Jersey Supreme Court Announces Last Call for TCCWNA Happy Hour

by Proskauer - Advertising Law on

In recent years, creative plaintiff-side class action attorneys in New Jersey have attempted to seek relief under the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which allows for $100 in statutory damages...more

D.C. District Judge Denies Class Certification in Fuel Surcharge Antitrust Case

by Holland & Knight LLP on

In the most closely watched rail industry litigation in the country, the U.S. District Court for the District of Columbia has denied class certification in the railroads’ fuel surcharge antitrust litigation. The long...more

Dugan/Bozzi: The New Jersey Supreme Court Provides Shelter From The TCCWNA Storm

by McCarter & English, LLP on

Last year, McCarter was the first law firm to warn of the perfect storm resulting from the organized plaintiffs’ bar’s vague and unconstrained interpretation of the Truth-in-Consumer Contract, Warranty and Notice Act...more

TCCWNA Is Not On The Menu: The New Jersey Supreme Court Weakens TCCWNA’s Use in Class Actions in Restaurant Cases

by Locke Lord LLP on

The New Jersey Supreme Court, by its decision in Dugan v. TGI Fridays, Inc., No. A-92-15, 2017 WL 4399352 (N.J. 2017),1 has provided businesses the latest tool in defending putative class actions under New Jersey’s...more

New Jersey Supreme Court Holds that Consumers Cannot Pursue Class Action Claims Against TGI Fridays for Inflated Drink Prices, But...

by Genova Burns LLC on

The New Jersey Supreme Court issued a decision on two consumer class actions under the New Jersey Consumer Fraud Act (“CFA”) and the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”). In two separate cases,...more

Selling Consumer Products in the States: Focus New Jersey

On October 4th, the New Jersey Supreme Court issued its long-awaited opinion in Dugan v. TGI Fridays, Inc. __ N.J. __ (2017). The opinion...provides a good summary of the most recent law governing class certification in New...more

The 2nd Circuit Clarifies that Administrative Feasibility Is Not a Requirement for Class Certification

On July 7, in In re Petrobras Securities, the 2nd Circuit declined to adopt an independent “administrative feasibility” requirement for class certification under Rule 23. In so holding, the 2nd Circuit joined the 6th, 7th,...more

Sixth Circuit Blocks 'Junk Fax' Class Action Under Telephone Consumer Protection Act

by Pepper Hamilton LLP on

A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more

Second Circuit Partially Vacates Class Certification, Holding That Whether Securities Transactions Are "Domestic" Raises...

by Shearman & Sterling LLP on

On July 7, 2017, in a decision making several significant rulings and clarifications, the United States Court of Appeals for the Second Circuit vacated in part an order certifying classes asserting claims under the Securities...more

Second Circuit Requires Increased Scrutiny of Securities Class Actions Involving Off-Exchange Transactions

by Proskauer Rose LLP on

The Second Circuit held recently that putative securities class actions involving transactions in non-U.S.-listed foreign securities require careful scrutiny to determine whether the class members' claims can be litigated on...more

Plaintiffs’ Securities Claims Denied Class Treatment for Failure to Satisfy Predominance Requirement

by Benesch on

On May 15, 2017, the United States District Court for the Southern District of New York denied class treatment to a proposed class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934. In its...more

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