The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions....more
On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more
INTRODUCTION - What do you get when you cross allegedly defective refrigerators, a dangerous chemical agent, and a hotly contested topic in class action practice? The answer is: a precedential opinion from the U.S. Court of...more
Takeaway: The issue of how to treat uninjured class members continues to vex the federal courts. This issue presents both substantive and procedural complexities. Substantively, a class must be defined in objective terms, so...more
This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more
Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more
From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more
Though the Supreme Court has declined to address ascertainability this term (for now), it has granted petitions to resolve two other class-action issues....more
Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year...more
What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions....more
On July 7, in In re Petrobras Securities, the 2nd Circuit declined to adopt an independent “administrative feasibility” requirement for class certification under Rule 23. In so holding, the 2nd Circuit joined the 6th, 7th,...more
A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more
On Friday, the Second Circuit Court of Appeals’ decision in In re Petrobras Securities refused to adopt what it called a “’heightened’ two-part ascertainability test in class action cases. The Second Circuit agreed that...more
This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more
We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more
A Georgia district court denied certification of a multi-state common law invasion of privacy class in which plaintiff sought damages and an injunction against the lessor of computers allegedly containing unauthorized...more
The Ninth Circuit’s decision this week in Briseno v. ConAgra Foods, Inc., No. 15-55727, refused to engraft an “administrative feasibility” requirement to Federal Rule of Civil Procedure 23’s prerequisites for certifying a...more
This is the 12th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more
The U.S. Court of Appeals for the Second Circuit has allowed the defendants in the Petrobras securities litigation to pursue an immediate appeal from the District Court’s order certifying classes of investors who had...more
This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more
Where the (Class) Action Is - This issue of Roundup wraps up 2015 with another slate of interesting cases spanning industries and subject matter. The running theme of ascertainability is now stretching into antitrust...more
The Third and Seventh circuits have reached a sharp divide during the past year over the meaning of the implied “ascertainability” prerequisite to class certification. The Third Circuit affirmed a narrow version of...more
The United States District Court for the Southern District of New York yesterday certified two classes of investors who had purchased Petrobras securities on U.S. exchanges or in other U.S. transactions. The February 2, 2016...more
On January 12, 2016, the Ninth Circuit affirmed the denial of class cert. in a Telephone Consumer Protection Act (TCPA), 47 USC 227 action on predominance and superiority grounds in the case Paul Gannon v. Network Telephone...more
In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more