When settling consumer product class actions, many parties agree to resolve their claims using what is known as a “claims-made” settlement model. When a claims-made settlement is reached, class members must submit a “claim”...more
A recent decision denying class certification in the Northern District of Illinois highlights the importance for class action defendants of challenging a named plaintiff’s damages expert as part of a strategy for opposing...more
Under Federal Rule of Civil Procedure 23(b)(3), a district court may certify a damages class if “the court finds that the questions of law or fact common to class members predominate over any questions affecting only...more
The Second Circuit and Ninth Circuit recently issued opinions vacating class action settlements, with both courts taking issue with the attorneys’ fees awarded to class counsel. These decisions — Lowery v. Rhapsody Int’l,...more
The Seventh Circuit rejected emotional distress and other intangible injuries as a basis for Article III standing in a class action seeking statutory damages under the Fair Debt Collection Practices Act (FDCPA). In Pierre v....more
The United States Court of Appeals for the Eighth Circuit published two opinions last month in companion class actions alleging defects with off-road vehicles. With its decisions, the court held that purchaser plaintiffs must...more
On Friday morning, the Supreme Court issued its eagerly awaited opinion in TransUnion LLC v. Ramirez (No. 20-297). Justice Kavanaugh delivered the opinion of the Court, with which four Justices concurred; Justices Thomas,...more
6/29/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Today, the United States Supreme Court granted a writ of certiorari in Trans Union LLC v. Ramirez. At issue is an eight-figure judgment obtained by a certified class of consumers for statutory and punitive damages based on...more
The Seventh Circuit held last Thursday that individuals who object to a class action settlement voluntarily assume a limited fiduciary duty to other class members, which they can breach by settling their classwide objections...more
Dozens of class action lawsuits have been filed against educational institutions since March and more are expected. Although each lawsuit attacks a specific institution’s individualized response to the COVID-19 pandemic, the...more
This week, two federal appellate courts published notable opinions on the intersection between personal jurisdiction jurisprudence and Rule 23 class action procedure. The defendants in both cases face nationwide class...more
Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”), which has the potential for significant liability exposure. Businesses in...more
Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result. Yesterday, the...more
In Nutraceutical Corporation v. Lambert, No. 17-1094, 586 U.S. __ (Feb. 26, 2019), the United States Supreme Court once again endorsed the old adage, “When you snooze, you lose”—at least sometimes. Under Federal Rule of Civil...more
On December 7, 2018, a federal court in Maryland issued an important ruling in a Real Estate Settlement Procedures Act (“RESPA”) case (“Baehr”), granting a defense motion for summary judgment. The court dismissed the action...more
1/8/2019
/ Article III ,
Class Action ,
Discovery ,
Dismissals ,
Equitable Tolling ,
Fraudulent Concealment ,
Kickbacks ,
Private Right of Action ,
RESPA ,
Standing ,
Statute of Limitations
The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more
4/26/2018
/ Amended Rules ,
Attorney's Fees ,
Class Action ,
Class Certification ,
Discovery ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
FRCP 23(b)(2) ,
Notice Requirements ,
Popular ,
Putative Class Actions ,
Settlement Agreements ,
State and Local Government
Last week, a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation[1] vacated the certification of a nationwide class for settlement purposes because the district court failed to address choice-of-law...more
2/5/2018
/ Advertising ,
CAFA ,
Choice-of-Law ,
Class Action ,
Class Certification ,
Environmental Protection Agency (EPA) ,
Erie Doctrine ,
FRCP 23(b)(3) ,
Hyundai ,
Kia ,
Predominance Requirement
Earlier this month, Judge Leinenweber of the Northern District of Illinois rejected a named plaintiff’s attempt to bring a nationwide class action, basing his decision on the Supreme Court’s decision last June in...more
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin’s class action procedures in state court actions, which are “intended to align [the state rule] with the federal class...more
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin’s class action procedures in state court actions, which are “intended to align [the state rule] with the federal class...more
A class action that aggregates the claims of individual plaintiffs against a common defendant can promote judicial economy and maximize efficiency. However, even the pursuit of class certification can promote abuse. In the...more
4/27/2017
/ Bifurcation ,
Class Action ,
Class Certification ,
Commonality ,
Deepwater Horizon ,
Dukes v Wal-Mart ,
FRCP 23(b)(3) ,
FRCP 23(c)(4) ,
Limited Issue Class Actions ,
Predominance Requirement ,
Proposed Legislation ,
The Fairness in Class Action Litigation Act of 2015
There is little doubt that large class action lawsuits are a content aggregator’s worst nightmare. This especially holds true for those who transact significant amounts of data which may include government-created public...more
Deciding to step in to resolve a splint in the Circuits, the United States Supreme Court announced today that it granted a petition for a writ of certiorari in Campbell-Ewald Co. v. Gomez, No. 14-857. That means that the...more
The Supreme Court recently accepted review of one of the most talked about privacy class action and consumer cases of the past year, Robins v. Spokeo, Inc., No. 13-1339 (U.S.). The issue before the Court is whether Congress...more