News & Analysis as of September 18, 2024

Supreme Court of the United States › FRCP 23(b)(3)

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

U.S. Supreme Court Passes on the Chance to Tighten Class Certification Review

Snell & Wilmer on 5/2/2024

On April 15, 2024, the United States Supreme Court declined certiorari in the case of National ATM Council, Inc. v. Visa Inc. The central issue raised in the petition was the depth of analysis a court must conduct at the...more

The Lack of Actual Injury Defense: The Landscape Since TransUnion

Carlton Fields on 7/10/2023

The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in...more

Ohio Federal Court Rules That Varying “Interests” And “Feelings” Among Putative Class Members Prevents Class Certification

Seyfarth Shaw LLP on 4/27/2020

Seyfarth Synopsis: Although federal courts are certifying class actions at a record rate, a recent opinion by the U.S. District Court for the Southern District of Ohio demonstrates that the requirements of Rule 23 are not...more

SCOTUS Declines to Review Ruling in Toxic Tort Case

Jones Day on 4/26/2019

The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more

Supreme Court Considers an Expansion of Class-Action Tolling

Patterson Belknap Webb & Tyler LLP on 5/10/2018

On March 26, 2018, the Supreme Court heard argument in China Agritech, Inc. v. Resh (No. 17-432), a case in which the justices will determine whether a plaintiff whose otherwise untimely claim has been tolled by the rules...more

Will The Supreme Court Allow Class Action Stacking?

Foley & Lardner LLP on 3/30/2018

Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any...more

Statistical Modeling in Class Actions: The U.S. Supreme Court Weighs in, Kind of

Sheppard Mullin Richter & Hampton LLP on 5/7/2016

A U.S. Supreme Court decision expected to potentially change (or at least clarify) the rules on the hot-button issue of statistical modeling in class actions ended up turning much more on case law specific to the Fair Labor...more

Eighth Circuit Becomes First Appellate Court to Apply Halliburton II Price Impact Analysis

BakerHostetler on 5/4/2016

The Eighth Circuit has become the first federal circuit court to apply the Supreme Court’s Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (Halliburton II) decision. Relying on Halliburton II, the Eighth...more

Supreme Court Stops Short of Bright-Line Rule Regarding Statistical Evidence in Class Actions

Goodwin on 4/18/2016

On March 22, the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo. For those unfamiliar with the case, Tyson Foods is a Fair Labor Standards Act (FLSA) case that involved an alleged failure to pay...more

SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question

Moore & Van Allen PLLC on 4/18/2016

Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more

Supreme Court Upholds Class Action in Donning-Doffing Dispute Based on “Representative” Statistical Evidence

Constangy, Brooks, Smith & Prophete, LLP on 4/4/2016

The Supreme Court’s recent decision in Tyson Foods v. Bouahapeko affirms the use, in some circumstances, of “representative” statistical evidence that produced average times for donning and doffing personal protective gear,...more

SCOTUS: Statistical or Representative Evidence Can Be Used In Class and Collective Actions

Dickinson Wright on 3/29/2016

Class and collective action plaintiffs can establish liability through statistical or “representative” evidence, the U.S. Supreme Court ruled in Tyson Foods, Inc. v. Bouaphakeo, released last week. The decision could have...more

Pork Processing Plant Employees Can Keep the Bacon: Supreme Court Affirms Jury Award and Permits Proof of Wage and Hour Class...

Orrick - Employment Law and Litigation on 3/28/2016

While the Supreme Court in Tyson Foods, Inc. v. Bouaphakeo dashed employers’ hopes that the Court would broadly preclude statistical evidence and severely limit wage and hour class actions in a fashion similar to its...more

Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions

BakerHostetler on 3/28/2016

In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to...more

Tyson Foods v. Bouaphakeo: “Representative” Evidence May Be Used in (Some) Class Actions

Eversheds Sutherland (US) LLP on 3/25/2016

On March 22, 2016, the United States Supreme Court affirmed the certification of a class of Tyson Foods employees under Rule 23(b)(3) and a collective action under the Fair Labor Standards Act (FLSA). The Court held that...more

The ERISA Litigation Newsletter - February 2016

Proskauer Rose LLP on 2/24/2016

Editor's Overview - This month's article reviews a few non-ERISA cases before the U.S. Supreme Court, which may, depending on the breadth of the decisions, impact ERISA litigation. First, in Spokeo, Inc. v. Robins, the...more

Every Vote Counts: The Scalia Legacy And The Future Of Employment Class Actions Before The Supreme Court

Seyfarth Shaw LLP on 2/18/2016

As we blogged earlier this week, the death of U.S. Supreme Court Justice Antonin Scalia on February 13 has sent shockwaves throughout the halls of power in Washington, D.C. The balance within the U.S. Supreme Court between...more

What are the Short- and Long-Term Employment Law Implications of Supreme Court Justice Antonin Scalia's Death?

Littler on 2/15/2016

For the last three decades, Justice Antonin Scalia served as a stanch and reliable conservative voice on the U.S. Supreme Court. While his rulings could be controversial at times, he remained widely liked and respected, even...more

"Insights Conversations: Securities Litigation"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/19/2016

From the impacts of U.S. Supreme Court Omnicare and Halliburton cases to the uptick in Securities Act class actions, litigation partners Scott Musoff and Susan Saltzstein discuss the latest securities litigation developments....more

What’s Hot in Class Actions (Part 2/3): SCOTUS View on Stats to Support Class Cert, No-Injury Class Colored by FLSA?

Moore & Van Allen PLLC on 12/8/2015

Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class...more

Comcast and its Discontents

Pierce Atwood LLP on 10/29/2015

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

Third Circuit Reverses Denial of Class Certification in Complete Sham Telemarketing RICO Case

Carlton Fields on 9/18/2015

The United States Court of Appeals for the Third Circuit reversed the denial of class certification in a case brought against a bank and its payment processors that allegedly engaged in a fraudulent scheme to cause...more

Supreme Court Briefing Begins in Tyson Foods, Inc. v. Bouaphakeo, A Potential Wage and Hour Blockbuster

Seyfarth Shaw LLP on 8/25/2015

In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat...more

Splitting the Difference: Recent Developments in Circuit Splits Over Class Action Lawsuits

Pierce Atwood LLP on 8/13/2015

It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer's decisions so far highlight two splits among the federal circuits, while also diminishing if...more

Third Circuit Clarifies Article III Standing for Absent Class Members, Impact of Comcast

Ballard Spahr LLP on 7/27/2015

In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more

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Supreme Court of the United States › FRCP 23(b)(3)

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