Takeaway: Courts are continuing to take a hard look at class action fee awards, and in In re T-Mobile Customer Data Security Breach Litigation, --- F.4th ----, 2024 WL 3561874 (8th Cir. July 29, 2024), the Eighth Circuit...more
In Cody v. City of St. Louis, 103 F.4th 523 (8th Cir. 2024), the Eight Circuit maintained its position that admissibility standards do not apply strictly at the class certification stage, thereby solidifying a circuit split...more
Takeaway: The Central District of California recently added class claims seeking to enjoin racial discrimination to the list of claims that fall outside the scope of “public injunctive relief” for purposes of the McGill...more
The third quarter of 2023 was relatively quiet, but we did see opinions addressing mootness, standing, and interpretations of Federal Rule 23(c)(4) and (f)....more
Takeaway: The Ninth Circuit ruled that a defendant can waive its right to compel absent class members to arbitrate by failing to assert that right early in class litigation—even if there is no arbitration agreement with the...more
Takeaway: The law surrounding “coupon” settlements under 28 U.S.C. § 1712 of the Class Action Fairness Act (“CAFA”) continues to evolve. Under section 1712(e), courts must: (1) apply “heightened scrutiny” when approving...more
(a/k/a You can’t know where you’re going unless you know where you’ve been) -
For proper business planning purposes, with the turn of the calendar, it’s a good idea to try to project where the world is going....more