On June 3, 2021, the Eleventh Circuit Court of Appeals affirmed, with one caveat, the Northern District of Georgia’s approval of the settlement of the consolidated class actions against Equifax Inc. and its affiliates arising...more
The opioid MDL court (the Northern District of Ohio) recently denied class certification to plaintiffs seeking class certification as guardians of individual children diagnosed at birth with neonatal abstinence syndrome...more
On October 28, 2020, the Eleventh Circuit Court of Appeals issued a split (7-3) en banc decision applying Spokeo principles to a claim that a vendor issued a receipt that included more digits from the plaintiff’s credit card...more
The Seventh Circuit confronts “objector blackmail” and limits the extraction of “rents from the litigation process simply by showing up and objecting to consummation of the settlement.”...more
The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more
10/30/2019
/ Amount in Controversy ,
Appeals ,
Attorney's Fees ,
CAFA ,
Class Action ,
Dart Cherokee Basin Operating Co. v. Owens ,
Employment Litigation ,
Federal Jurisdiction ,
Hospitality Industry ,
Marriott ,
Putative Class Actions ,
Remand ,
Removal ,
Rest and Meal Break ,
Sua Sponte ,
Unpaid Wages ,
Wage and Hour ,
Wage Statements
On October 3, the Eleventh Circuit Court of Appeals affirmed the district court’s approval of a class settlement, an award of attorney’s fees to class counsel, and the provision of an incentive award for the class...more
On September 19th, the Eleventh Circuit Court of Appeals resolved a question of first impression in the circuit: whether the availability of the class action mechanism is a question of arbitrability that presumptively should...more
In 2017, the Eighth Circuit reversed the certification of a settlement class in the Target 2013 security breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 847 F.3d 608, 613 (8th Cir. 2017). ...more
Last year at this time, we posted about two recent orders from a federal judge in Arkansas that found Rule 11 violations and abuses of the judicial process by attorneys for both the plaintiffs and the defense. Specifically,...more
On June 28, 2017, Bruce Berman and Steve Blickensderfer posted in this space about the Supreme Court’s recent decision in California Public Employees Retirement System v. ANZ Securities, Inc., 137 S. Ct. 2042 (2017). In that...more
Home Depot filed a certiorari petition in the United States Supreme Court aimed at closing an emerging loophole in CAFA jurisprudence in various circuits. According to the petition, some circuits have “narrowly construed...more
The Second Circuit Court of Appeals recently confronted (again) a situation where a defendant made an offer of judgment to the putative class representative to provide all of the relief available to the individual plaintiff....more
Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one...more
2/20/2017
/ Antitrust Provisions ,
Class Action ,
Class Certification ,
Comcast v. Behrend ,
Competition ,
Daubert Standards ,
Expert Testimony ,
FRCP 56 ,
Motion to Exclude ,
Pharmaceutical Industry ,
Pharmacies ,
Price-Fixing ,
Reimbursements ,
Young Lawyers
On January 31, President Trump announced that Judge Neil Gorsuch of the Tenth Circuit Court of Appeals would be nominated for the United States Supreme Court. We took a look at those opinions authored by Judge Gorsuch on the...more
2/6/2017
/ Abuse of Discretion ,
Article III ,
Attorney General ,
BP ,
CAFA ,
Class Action ,
FRCP 23(b)(2) ,
Judicial Appointments ,
Justice Scalia ,
Neil Gorsuch ,
Nominations ,
SCOTUS ,
Sherman Act ,
Standing ,
Trump Administration
The Eleventh Circuit’s decision in Dudley v. Eli Lilly and Co., 2014 WL 7360016 (11th Cir. Dec. 29, 2014), highlights the risk of waiving (or, at a minimum, postponing) an otherwise proper removal by not creating a proper...more
On January 1, 2012, we published “The CAFA Year in (Appellate) Review: A Look Back at the Class Action Fairness Act in the Circuit Courts of Appeals in 2011.”...more