News & Analysis as of

Predominance Requirement Ascertainable Class Class Certification

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published December 2022

Highlights from this issue include: Affirmative Defenses. The Second Circuit held the district court erred in certifying a class alleging ERISA violations because it did not consider Defendant’s affirmative defenses in...more

Bilzin Sumberg

Dishing Out the Latest F&B Litigation Updates: Part 1

Bilzin Sumberg on

In the Third and Eleventh Circuits, Ascertainability Continues to be a Major Certification Hurdle - In Re: Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 2:11-cv-07382, 2018 WL 497071 (D.N.J. Jan. 22, 2018)....more

Womble Bond Dickinson

Holiday Cheer: Court Denies Certification in TCPA Wrong Number Class Action And Shows Just Why Wrong Number Class Actions Should...

Womble Bond Dickinson on

Just a few days ago, Judge William F. Jung of the Middle District of Florida denied certification in a wrong-number TCPA class action, and tore to shreds the most common methodologies proposed by plaintiffs to ascertain wrong...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

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

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

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

Akin Gump Strauss Hauer & Feld LLP

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

Troutman Pepper

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

Troutman Pepper 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

A&O Shearman

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

A&O Shearman 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

Carlton Fields

Ascertainability and Predominance Foil Certification of Spyware Invasion of Privacy Class

Carlton Fields on

A Georgia district court denied certification of a multi-state common law invasion of privacy class in which plaintiff sought damages and an injunction against the lessor of computers allegedly containing unauthorized...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Summer 2016"

This is the 12th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Burr & Forman

Ninth Circuit Affirms Denial of TCPA Class Cert. On Predominance/Ascertainability Grounds

Burr & Forman on

On January 12, 2016, the Ninth Circuit affirmed the denial of class cert. in a Telephone Consumer Protection Act (TCPA), 47 USC 227 action on  predominance and superiority grounds in the case Paul Gannon v. Network Telephone...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Haight Brown & Bonesteel LLP

California Federal District Court Certifies Class of 160,000 Uber Drivers

In O’Connor v. Uber Technologies, Inc. (Filed 09/01/2015, No. C-13-3826 EMC), the United States District Court, Northern District of California, certified a class of approximately 160,000 current and former drivers of Uber in...more

Mintz - Privacy & Cybersecurity Viewpoints

Hulu Scores a Victory (at least temporarily) in Avoiding Class Certification

Another important decision has been rendered in the ongoing In re: Hulu Privacy Litigation saga pending in the United States District Court for the Northern District of California, this time denying – without prejudice – the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

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