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Decertify

King & Spalding

Northern District of California Refuses to Decertify Class in Ponzi Suit Action Against Umpqua Bank

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On June 25, 2024, the U.S. District Court for the Northern District of California denied motions by Umpqua Bank to decertify a class of alleged Ponzi scheme victims and for summary judgment on the class’s entitlement to...more

Alston & Bird

Class Action & MDL Roundup – Fall 2019

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Welcome back to the Class Action & MDL Roundup! Our fall edition covers notable class actions from the third quarter of 2019. The circuit courts were busy with class actions in the third quarter. Appellate judges were able...more

Alston & Bird

Food & Beverage Digest – August 2019

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more

Blank Rome LLP

Class Decertified Where Vast Majority of Members Sustained No Ascertainable Loss

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In another blow to plaintiffs suing under New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”), the United States District Court for the District of New Jersey in Martinez-Santiago v. Public Storage,...more

BakerHostetler

Illinois District Court Decertifies Equal Pay Act Collective Class Involving Physicians

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Section 16(b) of the Fair Labor Standards Act (FLSA) is the provision that requires those participating in a federal claim for minimum wages or overtime to opt in to the class, making Rule 23 inapplicable. The same...more

BakerHostetler

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

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Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more

Husch Blackwell LLP

Gerawan Farms Update

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On May 16, 2018 and June 13, 2018, we blogged about Gerawan Farms, a California agricultural company whose members wanted to decertify the United Farm Workers. The employees voted in 2013 but the California Agricultural Labor...more

Akin Gump Strauss Hauer & Feld LLP

Iran: Following President Trump’s “Decertification,” New U.S. Sanctions on Iranian Entities and All Eyes on the U.S. Congress

• Effective October 13, 2017, President Trump declined to provide certification that the JCPOA is in the United States’ national interest. Following this “decertification,” the U.S. Congress has 60 days in which to introduce...more

Skadden, Arps, Slate, Meagher & Flom LLP

President Trump 'Decertifies' the JCPOA, but the US Remains a Party to the Deal

Pursuant to the Iran Nuclear Agreement Review Act of 2015 (INARA), the president is required to make certifications every 90 days that Iran is complying with its obligations under the Joint Comprehensive Plan of Action...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2017

This edition focuses on rulings issued between May 15, 2017, and August 15, 2017. In this issue, we cover four decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

BakerHostetler

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

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Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were...more

Holland & Knight LLP

Federal Circuit Denies Claim Under SCA Price Adjustment Clause for Pension Withdrawal Liability

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Last month, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. Court of Federal Claims upholding and NASA’s denial of a claim in the amount of about $2 million for reimbursement pension...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Spring 2017"

This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more

Seyfarth Shaw LLP

Class Certification Trends For 2016

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Seyfarth Synopsis: This is the fifth installment of our blog series on key trends for workplace class action litigation in 2016. In terms of the sheer number of rulings, a significant trend saw wage & hour class action and...more

Seyfarth Shaw LLP

The Story Behind Class Certification Statistics In 2016 And What It Means For Employers

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In the third post of our series on workplace class action issues, this blog posting focuses on the statistical study of class certification rulings throughout the Unites States in 2016. Not unlike real estate, location – in...more

Seyfarth Shaw LLP

Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

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Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over...more

Benesch

In a Scorching Opinion, Sixth Circuit Refuses to Undo Class Action Settlement

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Sometimes, appellate decisions are written in a purely clinical voice. Other times, they’re infused with a dash of hot sauce....more

Seyfarth Shaw LLP

Surprise!: Decertification Does Not End Employer Contribution Obligations to the Multiemployer Funds

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Seyfarth Synopsis: Seventh Circuit finds employer still obligated to contribute to benefit funds for the life of the CBA even though the employees decertified the union. Employers often assume that when their...more

Pullman & Comley, LLC

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

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2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

Seyfarth Shaw LLP

U.S. District Court in Florida Decertifies a Class of Haitian Blueberry Pickers Because Class Members Sought Individualized...

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Seyfarth Synopsis: After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte order...more

Seyfarth Shaw LLP

Opt Ins are Out (of Luck) Appealing Decertification

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With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

Seyfarth Shaw LLP

Courts to Consider Theories, Not Facts, on Certification

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Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more

Orrick, Herrington & Sutcliffe LLP

Second Circuit Rules That Judges Can Decertify a Class After a Jury Verdict

The Second Circuit recently held that under Federal Rule of Civil Procedure 23, a district court judge can decertify a class after a jury verdict in favor of the class but before entering judgment, upholding a Southern...more

Bradley Arant Boult Cummings LLP

Hit by the Pitch: Federal Judge De-Certifies FLSA Class Action of Minor League Baseball Players

In a 100+ page opinion, federal Magistrate Judge Joseph Spero of the Northern District of California refused to grant the Plaintiffs’ motion to certify a class of minor league baseball players and instead granted the baseball...more

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