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Belch! Ocean Spray Price Premium Damages Model Passes Comcast Scrutiny
The Southern District of California certified a food labeling class against Ocean Spray Cranberries, Inc. based in part upon a price premium damages model developed ...
United States
21 Dec 2018
Third Circuit Ascertainability Requirement Satisfied In FDCPA Class Against Law Firm
Our prior blogs have discussed the Third Circuit's "rigorous" ascertainability requirement for 23(b)(3) classes here and here.
United States
22 Nov 2018
Reservation Canceled! Court Strikes Class Allegations Against American Airlines
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
United States
16 Oct 2018
Third Circuit Rejects ‘Shingle Lottery' Theory Of Common Defect In Putative Homeowner Class
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 ...
United States
22 Jun 2018
Supreme Court Upholds Use Of Class Action Waivers In Employment Arbitration Agreements
In a significant decision awaited by U.S. employers since January 2017, the Supreme Court upheld the use of class action waivers in arbitration agreements.
United States
21 Jun 2018
Too Fast And Furious: Ninth Circuit Unwinds Hyundai And Kia Nationwide Class Action Settlement
In a split panel, the Ninth Circuit Court of Appeals reversed a district court's certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule 23(b)(3).
United States
19 Feb 2018
State Of Louisiana, As Absent Class Member, Escapes CAFA Settlement Trap
The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana...
United States
12 Jan 2018
SeaWorld Shareholders See Red After World Sees Blackfish
A California District Court granted certification to a group of SeaWorld investors in a shareholder securities fraud case following the release of the documentary "Blackfish."
United States
18 Dec 2017
Charges By Law Firm-Owned Vendors Challenged In Putative Client Class
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.
United States
4 Dec 2017
Sixth Circuit Litigants Beware: Exiting the American Pipe Highway Can Forfeit Your Toll
Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims barred by an applicable statute of repose, successive putative class actions, and cross-jurisdictional litigation.
United States
16 Nov 2017
401K Not OK: ERISA Class Certified Under Rule 23(b)(1)(B)
Any monetary relief will be paid to the plan, and then the plan fiduciaries will be responsible for allocating the recovery among participants.
United States
13 Nov 2017
Kansas Judge Rejects Discovery From Putative Class Members
A magistrate judge in Kansas denied the defendant's request to conduct discovery of putative class members via a voluntary questionnaire.
United States
29 Aug 2017
Eleventh Circuit Doesn't Waffle On Enforceability Of Arbitration Agreement
The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement...
United States
21 Aug 2017
Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement
Using the Third Circuit's comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants...
United States
15 Jun 2017
Lone Objector's Class-Conflict Arguments Miss the Target
In 2015, Target settled a class action stemming from a massive data breach of its customers' sensitive information.
United States
1 Jun 2017
Saved By The Bellwether Trial In The Ninth Circuit
Under the specific facts of plaintiffs' request, the Ninth Circuit held that CAFA removal jurisdiction did not exist.
United States
26 Apr 2017
Class Notice Online Works Just Fine
In a case involving alleged violations of ERISA and the Mental Health Parity and Addiction Equity Act, the District Court of the Western District of Kentucky certified a class of Anthem Health Plan...
United States
6 Apr 2017
No Pick-Off, No Problem: How A Pre-Certification Rule 68 Offer Survived (Twice)
A magistrate judge in the United States District Court for the Western District of Pennsylvania denied plaintiff's motion to strike a Rule 68 offer of judgment served prior to class certification.
United States
4 Apr 2017
Adequacy Is Adequate: DC District Court Certifies Pacer Fee Class
The United States District Court for the District of Columbia certified a class of all individuals and entities who paid fees to obtain court records though the PACER system.
United States
28 Feb 2017
Nothing Crafty About Michaels' Disclosure Under Spokeo
A New Jersey District Court followed Spokeo's Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores.
United States
27 Feb 2017
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