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Adequacy

“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo ChallengesReverse Auction Ploy by Competing Class Counsel Creates Right of Intervention by Class Members Whose Settlement Demands Were Underbid

Appeals

11th Circuit Forbids Incentive PaymentsAsk and You Shall Be Deemed to Have Consented to Receive: The Eleventh Circuit Affirms TCPA Fax Summary Judgment“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”

Arbitration

Silence Isn’t Always Golden—Sometimes It Lands You in Class ArbitrationLamps Plus v. Varela: It’s Lights Out for Class Arbitration under Ambiguous Arb AgreementsBe Careful What You Ask For: Eleventh Circuit Holds That Arbitrator – Not Court – Decides Whether Arbitration Agreement Designating AAA Rules Allows for Class Arbitration

Ascertainability

A Look Back at Significant Developments in Class Action Law in 2017Must Class Counsel’s “Proof” that Rule 23 Is Met Satisfy the Rules of Evidence?

CAFA Removal

It’s None of Your Business: Sixth Circuit Says Arizona Lacks Article III Standing to Intervene to Challenge a Class Settlement“Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class ClaimsSupreme Court to Review Whether Third-Party Defendants May Remove Class Action Counterclaims under CAFA

Class Action Settlements

11th Circuit Forbids Incentive PaymentsIt’s None of Your Business: Sixth Circuit Says Arizona Lacks Article III Standing to Intervene to Challenge a Class SettlementSpam or Class Action Refund? Consumers Can’t Tell

Class Action Waiver

Silence Isn’t Always Golden—Sometimes It Lands You in Class ArbitrationLamps Plus v. Varela: It’s Lights Out for Class Arbitration under Ambiguous Arb AgreementsSupreme Court to Regulators: You Can’t Trump the Federal Arbitration Act

Class Certification

Setting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class CertificationEleventh Circuit Rejects Administrative Feasibility as a Requirement for Class Actions11th Circuit Forbids Incentive Payments

Commonality

Say What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense as to Every Single Class MemberMust Class Counsel’s “Proof” that Rule 23 Is Met Satisfy the Rules of Evidence?

Financial Services Class Actions

CARES Act Doesn’t Entitle Accountants to Fees for Helping Borrowers Get PPP LoansTIME STOPS FOR NO ONE: The Supreme Court Addresses Timeliness Issues in Two Separate Class CasesIrrevocable Consent Comes to the Eleventh Circuit: Two District Courts Apply Reyes to Boot TCPA Cases

Legislation

CARES Act Doesn’t Entitle Accountants to Fees for Helping Borrowers Get PPP LoansA Look Back at Significant Developments in Class Action Law in 2017Will the Future Bring a Surge of Class Actions against Banks and Credit Card Companies?

Notice

What to Expect When You’re Expecting a Biometric Class Action: Settlements

Numerosity

Must Class Counsel’s “Proof” that Rule 23 Is Met Satisfy the Rules of Evidence?

Predominance

Ask and You Shall Be Deemed to Have Consented to Receive: The Eleventh Circuit Affirms TCPA Fax Summary JudgmentSay What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense as to Every Single Class MemberFirst Circuit Restricts Class Certification of Classes Containing Uninjured Persons

Rule 23 Amendments

Practical Effects of the Rule 23 Amendments – Really, Not Very MuchMust the Rule 23 Predominance Requirement Be Satisfied for Purposes of a Class Settlement? The Ninth Circuit Says, “Yes.”A Look Back at Significant Developments in Class Action Law in 2017

Rule 23(b)(1)

“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”A Brief Look at Justice Kennedy’s Rule 23 Record

Rule 23(b)(2)

A Brief Look at Justice Kennedy’s Rule 23 Record

Spokeo

“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III StandingThe Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class ActionAnother Punt: The Supreme Court Denies Certiorari in the Zappos Case

Superiority

First Circuit Restricts Class Certification of Classes Containing Uninjured PersonsMust Class Counsel’s “Proof” that Rule 23 Is Met Satisfy the Rules of Evidence?

Typicality

They Don’t Call It the Wild West for Nothing: The Ninth Circuit Reverses Denial of Class Certification Because Trial Court Kept Out Inadmissible Evidence

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The Declassified blog offers commentary and insights on the latest class action suits, significant class action opinions, relevant changes to laws and rules, and important class action trends.

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