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Class Action Attacking Product Defect Declared Moot When Company Voluntarily...

Should a class action go forward when the company voluntarily has provided all the relief plaintiffs have sought?  At least in some circumstances, the answer is “no,” according to the Tenth Circuit....

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Ninth Circuit Upholds “Provisional” Class Certification for Entry of a...

The Ninth Circuit’s recent decision in a TCPA case—Meyer v. Portfolio Recovery Associates (pdf)—involves several interesting issues for class-action practitioners even outside the TCPA setting. First,...

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Do Class Counsel Owe Fiduciary Duties to Absent Class Members Before Class...

According to an interesting student note that will soon be published in the Stanford Law Review, the answer to both questions is “yes.” Specifically, the would-be class counsel must “protect[] the...

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Class Certification Denied in Skinnygirl False-Advertising Case Because Class...

Plaintiff Christopher Rapczynski testified that he purchased Skinnygirl Margarita mix “because I love my wife,” she “said she liked it,” and she “has my three children and works very hard.” Those all...

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Can Members of a Mandatory Class Action Opt Out?

A recent decision from the Delaware Supreme Court is a reminder that the members of a mandatory class—one in which the class isn’t guaranteed opt-out rights—sometimes may be given the right to opt out...

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Lipton v. Chattem, Inc.: Federal District Court Denies Certification On...

The requirement that the named plaintiff must be an adequate class representative is not often the basis for denying class certification. But a recent decision from the Northern District of Illinois in...

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Supreme Court Denies Review In NECA-IBEW Case

We’ve been blogging about the Second Circuit’s decision in NECA-IBEW Health & Welfare Fund v. Goldman Sachs (pdf), which held that a named plaintiff in a securities fraud suit might have standing...

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Do the Plaintiffs Lack Standing or Are Their Claims Simply Meritless—or Both?

Here’s the situation: You’re facing a class action in federal court in which the plaintiffs define the putative class so broadly as to encompass many people who weren’t injured by the alleged...

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Class-Action Plaintiffs Must Offer Evidence Showing That They Meet...

A recent decision denying certification of a securities-fraud class action underscores that plaintiffs must prove with evidence that they satisfy the requirements of Federal Rule of Civil Procedure 23,...

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D.C. Circuit rejects freestanding rule against “fail-safe” classes

The D.C. Circuit recently deepened a circuit split over whether district courts may certify a “fail-safe” class. In In re White, 64 F.4th 302 (D.C. Cir. 2023),the D.C. Circuit agreed that fail-safe...

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