Court Strikes Class Action Allegations Citing Individualized Causation Issues
A Pennsylvania federal district court granted defendant CitiMortgage’s motion to strike class allegations under Rule 23(d)(1)(D), because it was clear from the complaint that plaintiffs could not meet...
View ArticlePutative Maybelline Makeup Class Fades In California District Court
The District Court for the Southern District of California denied certification in a California consumer class action in which Plaintiffs’ claimed that Maybelline falsely labeled and advertised its...
View ArticleAscertainability Issues Preclude Certification of a Class of Individuals...
The U.S. District Court for the Western District of Michigan denied plaintiffs’ motion for class certification citing plaintiffs’ failure to satisfy Rule 23’s ascertainability, commonality, typicality,...
View ArticleDistrict of Colorado Declines To Certify Deceptive Practices Class
The District of Colorado declined to certify a class in a case against Dollar Rent A Car where the Plaintiff alleged Dollar tricked renters into buying Loss Damage Waiver (“LDW”), supplemental...
View ArticleSecond Circuit Affirms Certification of Consumer Debt Collection Class,...
These cases, on a consolidated appeal, involved three defendants: a company that purchased consumer debts, a debt collection law firm, and a process server. Plaintiffs had each been sued in various...
View ArticleCircuit Court Holds Comcast Does Not Foreclose Certification of Labor Law...
In a class action brought under the Fair Labor Standard Act and New York Labor Law, the Second Circuit court of appeals reversed the district court’s denial of class certification and held that the...
View ArticleIllinois District Court Denies Certification of Class in TCPA Claim for Lack...
The Northern District of Illinois denied certification of a class in a claim brought pursuant to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. Sec. 227. Plaintiff alleged that defendant...
View ArticleGCs facing more bet-the-company and higher exposure class actions
Across industries, companies spent $2 billion on class action lawsuits in 2014, slightly less than the $2.1 billion they spent in 2013. This year, spending is expected to return to 2013 levels....
View ArticleCircuit Courts Address Impact of Arbitration Agreements on Labor Class and...
In Conners v. Gusano’s Chicago Style Pizzeria, plaintiffs, former employees of defendant, brought a collective action alleging violations of the Fair Labor Standards Act. Defendant responded by...
View ArticleA Message From the Eighth Circuit Regarding the TCPA
The purpose of a telephone solicitation, rather than its content, determines whether it is prohibited telemarketing under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. That is...
View ArticleRice Capades: Court Certifies a Class of Lead Lawyers Against Defendant Law...
The Eastern District of Missouri certified an unusual class of lawyers and their clients who undertook a collective effort to litigate claims against Bayer related to the purported “contamination” of...
View ArticleWestern District of Missouri Declines to Deliver Certification in Class...
The Western District of Missouri denied class certification in an action alleging three regional newspapers—the Kansas City Star, the Fort Worth Star Telegram, and the Belleville...
View ArticleCalifornia District Court Certifies Classes of Fixed Index Annuities Purchasers
The Southern District of California recently certified California and multistate classes of annuities purchasers in a case challenging the allegedly abusive design, execution, and pricing of fixed...
View ArticleDon’t Tip Just Yet: Uber Taxi Class Gets Limited Certification
A federal judge in San Francisco recently certified a limited class in a lawsuit against Uber under the California Unfair Competition Law (UCL) and the California Consumers Legal Remedies Act (CLRA)....
View ArticleCourt Allows Class Member Self-Identification Where Employer Failed to Retain...
The Northern District of California recently certified a class of employees in an action against an auto parts store for failure to reimburse expenses. Plaintiff alleged that the defendant required...
View ArticleLatest Survey Highlights the Year’s Top Trends in Class Actions
The 2016 Carlton Fields Class Action Survey reveals surprising trends in class action litigation, based on insights provided by 391 general counsels and chief legal officers at major corporations in...
View Article2016 Carlton Fields Class Action Survey Reveals Important Trends in Class...
The fifth annual edition of the Carlton Fields Class Action Survey has just been released, and in this year’s survey corporate counsel report that class action spending has increased after four...
View ArticleSCOTUS Denies Review Regarding Pennsylvania Wal-Mart “Rest Break” Class Judgment
On April 4, the United States Supreme Court denied certiorari review of a $188 million class-action judgment returned against Wal-Mart in Pennsylvania state court and later upheld by the Pennsylvania...
View ArticleTCPA Class Certified Based Largely on “Concrete Injury” Determination
Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has...
View ArticleA Damages Class Is Certified, but No Standing for Declaratory and Injunctive...
A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State...
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