A recent Texas Supreme Court decision in a class action caught my eye because it addressed several significant class certification issues, including one that I’ve seen regularly and another that the court analyzed in a new...more
6/3/2024
/ Article III ,
Class Action ,
Class Certification ,
Department of Transportation (DOT) ,
Injunctive Relief ,
Injury-in-Fact ,
Insurance Claims ,
Insurance Litigation ,
Putative Class Actions ,
Standing ,
TX Supreme Court ,
USAA
In today’s world nearly everyone’s name, address and various other pieces of arguably personal information reside on many companies’ computer servers. Sharing of such information between companies has resulted in countless...more
Federal courts of appeals have disagreed on whether a named plaintiff in a proposed class action can sue defendants who have not injured that plaintiff but allegedly have injured putative class members. This is not an...more
A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification.
In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...more
Last week the Eleventh Circuit addressed an issue that many class action practitioners probably haven’t thought much about: whether approval of a class action settlement requires that each class member obtaining relief have...more
8/1/2022
/ Article III ,
CAFA ,
Class Action ,
Class Certification ,
Class Members ,
FRCP 23(e) ,
Injury-in-Fact ,
Settlement Agreements ,
Settlement Negotiations ,
Standing ,
TCPA
Last Friday, the U.S. Supreme Court issued a new decision on the requirement that plaintiffs have “standing” to sue in federal court. More specifically, the Court addressed what is required for a plaintiff to demonstrate...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
A recent decision by the Eighth Circuit in a Telephone Consumer Protection Act (TCPA) class action provides an important pointer for defendants and their counsel with respect to strategy in defending a putative class action....more
The Third Circuit’s new opinion on class certification issues in Mielo v. Steak ‘N Shake Operations, Inc., No. 17-2678 (3d Cir. July 26, 2018) provides helpful guidance for district courts and class action lawyers on both...more
7/27/2018
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Article III ,
Class Action ,
Class Certification ,
Commonality ,
Disability Discrimination ,
Employment Litigation ,
FRCP 23(b)(2) ,
Numerosity ,
Restaurant Industry ,
Standing
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more
6/20/2017
/ Article III ,
Class Action ,
Class Certification ,
Design Defects ,
Dismissal With Prejudice ,
FRCP 23 ,
FRCP 23(f) ,
Interlocutory Appeals ,
Microsoft v Baker ,
SCOTUS ,
Standing ,
Xbox
The Defense Research Institute (DRI) will be hosting its annual class action seminar in Washington, D.C. on July 21-22, 2016. If you haven’t been, this is the year to go. If you’ve been before, you won’t want to miss this...more
Yesterday, the Supreme Court issued its long-awaited decision in Spokeo, Inc. v. Robins, addressing whether the plaintiff had standing to sue in a putative class action brought under the Fair Credit Reporting Act (“FCRA”)....more
Yesterday, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class...more
Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete...more
11/4/2015
/ Article III ,
Class Action ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Insurance Industry ,
Privacy Laws ,
Private Right of Action ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
TCPA
Andrew Pincus, lead counsel in Spokeo, Inc. v. Robins (to be decided by the Supreme Court next Term, see my May 1, 2015 blog post), spoke on this subject. The question presented is whether a federal statute can confer...more
I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more
6/17/2015
/ Article III ,
AT&T ,
AT&T Mobility v Concepcion ,
Bayer ,
Campbell Ewald v Gomez ,
Certiorari ,
Class Action ,
Class Certification ,
Doffing ,
Donning ,
Dukes v Wal-Mart ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Genesis HealthCare ,
Genesis Healthcare Corp. v. Symczyk ,
Popular ,
Property Damage ,
Public Works ,
Putative Class Actions ,
Robocalling ,
Safety Equipment ,
SCOTUS ,
Settlement Offer ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Summary Judgment ,
TCPA ,
Text Messages ,
Trial-by-Formula ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
U.S. Navy ,
Unpaid Overtime ,
Wage and Hour ,
Wal-Mart
The U.S. Supreme Court recently granted certiorari in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSblog page), to decide whether a plaintiff who does not suffer any injury has Article III standing to sue for violation of a...more
One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not have standing to sue. ...more
Halliburton v. Erica P. John Fund Decision:
Aaron Streett, who argued the Halliburton v. Erica P. John Fund, Inc. case in the Supreme Court, spoke about the decision. The Court declined to overrule the efficient...more