News & Analysis as of

Commonality

Mitchell, Williams, Selig, Gates & Woodyard,...

What is Not a Trade Secret Under Federal Law?

If the secrecy of certain confidential information is compromised, it may lose its status as a trade secret. Courts will not recognize information as a trade secret if it has become generally available, is commonly used...more

Bennett Jones LLP

Challenging the Scope of a Proposed Class in Québec Class Proceedings

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In the recent decision of Electronic Arts Inc. v Bourgeois, 2024 QCCA 284 (Bourgeois), the Québec Court of Appeal provided direction concerning when and how defendants can appropriately challenge the scope of a proposed class...more

Proskauer - Minding Your Business

Legal Separateness: The Boundaries on Written Discovery

The concept of corporate legal separateness has long been a fortress protecting affiliated business entities such as parents, subsidiaries, and sister companies from various kinds of liability and litigation. However, how...more

Robinson+Cole Class Actions Insider

Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class...

I used to say that denials of class certification on numerosity grounds were rare and that usually it was futile to oppose class certification on that ground. That’s becoming less true as some circuits, including the Third...more

CDF Labor Law LLP

Class Certification Still Defeated Although Common Evidence of Non-Compliance

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California employers may take solace in a recent unpublished decision upholding denial of class certification.  In Salazar v. See’s Candy Shops Incorporated, the California Court of Appeal upheld the trial court’s decision to...more

Miles & Stockbridge P.C.

California Federal Court Reaffirms Standard for Establishing Commonality in Rule 23 Certification Under Title VII

On March 9, 2021, the United States District Court, Northern District of California issued a ruling in Handloser v. HCL Technologies Ltd., 19-cv-01242-LKH, 2021 WL 879802 (Mar. 9, 2021), applying the 2011 Supreme Court...more

Kilpatrick

Motions to strike class allegations: Ninth Circuit vacates order striking class allegations, ruling class discovery must go...

Kilpatrick on

Takeaway: In a prior post, we reported on a Central District of California decision granting an early motion to strike class allegations. Don’t miss the chance to strike out class actions (Feb. 27, 2019). But on appeal,...more

Payne & Fears

Key California Employment Law Cases: August 2020

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Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) - Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period. An...more

King & Spalding

Environmental Tort Class Actions

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In what has become a near legal certainty following plant explosions, train wrecks with chemical spills, and other large-scale accidents, plaintiffs often file suit and seek to certify personal injury and property damage...more

Seyfarth Shaw LLP

Arizona Federal Court Recommends Class Certification On The Basis Of Demographic Studies

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Seyfarth Synopsis: In Toomey v. Arizona, No. 19-CV-0035, 2020 WL 2465707 (D. Ariz. May 12, 2020), a Magistrate Judge for the U.S. District Court for the District of Arizona recommended the certification of class claims...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Mere Receipt of Plan Disclosures Does Not Provide 'Actual Knowledge' Under ERISA

Last Wednesday, a unanimous U.S. Supreme Court concluded that receipt of participant disclosures and notices does not constitute “actual knowledge” of fees, investment options, and other plan features. Actual knowledge is the...more

Sheppard Mullin Richter & Hampton LLP

California Court Sets High Bar For Class Certification In False Advertising Cases

The California Court of Appeal recently made it more difficult for plaintiffs to certify class actions based on false advertising or fraud. In Downey v. Public Storage, Inc., Case No. B291662, ___Cal.App.5th___ (Feb. 6,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc...more

Seyfarth Shaw LLP

Chipotle’s Employees Denied Class Certification On Employment Discrimination Claims

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Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more

Pierce Atwood LLP

After-Effects of In re Asacol: Recent District Court Decisions on Certification and Uninjured Class Members

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About a year ago, I observed that the First Circuit in In re Asacol Antitrust Litigation had constrained plaintiffs’ ability to rely on affidavits to prove injury-in-fact. In so doing, the First Circuit substantially...more

McDermott Will & Emery

Flip It and Reverse it: Relation Back Requires Notice of Claims Arising Out of Same Conduct, Transaction, Occurrence

McDermott Will & Emery on

Addressing the application of the relation-back doctrine, the US Court of Appeals for the Federal Circuit revived a lawsuit, finding that damages were available because the amended complaint that asserted new patents related...more

Farrell Fritz, P.C.

A Film-Worthy Lesson on Class Certification

Farrell Fritz, P.C. on

A class must satisfy the following prerequisites in order to be certified to proceed in the form of a class action: numerosity, commonality, typicality, adequacy and it must be demonstrated that a class action is superior to...more

Carlton Fields

Florida Court Peels Away Deceptive Label, Increasing Exposure in Class Actions

Carlton Fields on

A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels. In Waste Pro USA v. Vision Construction Ent., Inc., a Florida...more

Seyfarth Shaw LLP

Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage

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Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class on the grounds that the proposed class...more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

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Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

King & Spalding

Litigants in Opioid MDL Propose First Ever “Negotiating Class”

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In late June, thirty-nine cities and counties advancing claims in the opioid multidistrict litigation moved to certify a “negotiating class” solely for the purpose of reaching a settlement....more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Blake, Cassels & Graydon LLP

Proposed Privacy Class Action “Collapses in its Entirety” on Commonality

On May 7, 2019, in Kaplan v. Casino Rama Services Inc. (Kaplan), the Ontario Superior Court of Justice refused to certify a privacy class action arising out of a criminal cyberattack that included allegations of breach of...more

McGuireWoods LLP

Privacy Class Action Win Underscores Need for TCPA Reform

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On April 12, an Oregon federal jury in Wakefield v. Visalus, Case No. 3:15-cv-01857-SI, handed down what may turn out to be the largest Telephone Consumer Protection Act (TCPA) class action verdict ever awarded....more

Kilpatrick

Defeating predominance on the issue of class wide injury (W.D.N.Y.)

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Takeaway: In Comcast Corp. v. Behrend, 569 U.S. 27, 34 (2013), the Supreme Court confirmed that Rule 23 “does not set forth a mere pleading standard,” and that, absent a showing damages can be calculated on a class-wide...more

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