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....
View ArticleNinth 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,...
View ArticleDo 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...
View ArticleClass 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...
View ArticleCan 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...
View ArticleLipton 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...
View ArticleSupreme 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...
View ArticleDo 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...
View ArticleClass-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,...
View ArticleD.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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