Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes generally seek...more
- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more
6/18/2020
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Representatives ,
FRCP 23(f) ,
Litigation Fees & Costs ,
Microsoft v Baker ,
Mootness ,
Putative Class Actions ,
Settlement Agreements ,
Settlement Negotiations
• En banc 9th Circuit affirmed a $210 million settlement in multidistrict litigation against Hyundai and Kia relating to their alleged misrepresentations about the fuel efficiency of their vehicles, reversing the decision of...more
• The U.S. Supreme Court held that the tolling provisions established in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) apply to only individual claims, not to successive class actions.
• The Court’s...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
• A judge in the Northern District of Illinois held that the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) is applicable to personal jurisdiction...more
• The U.S. Supreme Court granted a certiorari petition filed by China Agritech from the 9th Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). The Court will clarify whether its landmark ruling...more
12/14/2017
/ American Pipe & Construction Co. v. Utah ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
Petition for Writ of Certiorari ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Exchange Act ,
Securities Fraud ,
Statute of Limitations
On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more
7/1/2017
/ Affirmative Defenses ,
Appeals ,
Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
Class Representatives ,
FRCP 8 ,
Mootness ,
Putative Class Actions ,
Rule 67 ,
Settlement Offer ,
TCPA
Facts -
On June 12, 2017, in Microsoft Corporation v. Baker, the U.S. Supreme Court unanimously held that federal courts of appeals lack jurisdiction to review orders striking class allegations after the named plaintiffs...more
6/16/2017
/ Appellate Jurisdiction ,
Article III ,
Class Action ,
Class Certification ,
Federal Rules of Civil Procedure ,
Final Judgment ,
FRCP 23 ,
FRCP 23(f) ,
Microsoft v Baker ,
Putative Class Actions ,
SCOTUS ,
Voluntary Dismissals ,
Xbox
Key Points -
- The U.S. Court of Appeals for the 9th Circuit joined the 6th, 7th, and 8th Circuits in declining to adopt an “administrative feasibility” requirement for plaintiffs seeking to certify a class under...more
Key Points -
- The U.S. Court of Appeals for the 9th Circuit found that Dole’s “All Natural” food labels on products containing synthetic ingredients could be misleading to a reasonable consumer.
- The 9th...more