Topics

403(b) Retirement

State and Federal Regulators Open Probe into 403(b) Plans for Teachers

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

Administrative Feasibility

Eleventh Circuit Rejects Administrative Feasibility as a Requirement for Class Actions

Admissibility of Expert Testimony

Setting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class Certification

All Writs Act

Dealing with Competing Class Actions, Part Three – Anti-Suit Injunctions

Anti-Injunction Act

Dealing with Competing Class Actions, Part Three – Anti-Suit Injunctions

Antitrust

“Hipster Antitrust” Movement Takes Center Stage in CongressSCOTUS Blows Down Apple’s House Made of Illinois Brick

Appeals

Circuit Split on Incentive Payments to Class Representatives DeepensFinancial Negligence Claim Reversed in Mississippi Supreme CourtThe En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing

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

Article III Standing

No Worse for Butter: Ninth Circuit Says Popcorn’s “Secret” Ingredient Does Not Confer Article III StandingThe En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III Standing

Ascertainability

Eleventh Circuit Rejects Administrative Feasibility as a Requirement for Class Actions“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III Standing

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?

Attorney's Fees

The En Banc 11th Circuit Clarifies “Risk of Identity Theft” StandingCARES Act Doesn’t Entitle Accountants to Fees for Helping Borrowers Get PPP LoansThe Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action

BIPA

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for Class Actions

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

CFPB

A Look Back at Significant Developments in Class Action Law in 2017CFPB’s Effort to Axe Class Waivers Gets Axed by the Senate

Circuit Splits

D.C. Circuit Avoids Decisive Ruling on Personal Jurisdiction in Class ActionsOne Spam Text Does Not Confer Standing in the Eleventh CircuitThe Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action

Class Action 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

Class Action Jurisprudence

Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of DamagesSay What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense as to Every Single Class MemberThe Impact of Disparate State Laws on Class Certification for Settlement Purposes: Ninth Circuit to Review Hyundai and Kia Fuel Economy Decision en Banc

Class Action Settlements

Circuit Split on Incentive Payments to Class Representatives Deepens11th Circuit Forbids Incentive PaymentsIt’s None of Your Business: Sixth Circuit Says Arizona Lacks Article III Standing to Intervene to Challenge a Class Settlement

Class Action Venue

Dealing with Competing Class Actions, Part Two – Venue Transfer and MDL ConsolidationDealing with Competing Class Actions, Part One – Race to Judgment and First-to-File Rule

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

Class Notice

Spam or Class Action Refund? Consumers Can’t TellNew York Court of Appeals Decision Requires Needless Notice of Individual Settlements in Putative Class ActionsDue Process Strikes Back: Alabama Supreme Court Vacates $124M Class Settlement Attorneys’ Fee Award

Class Tolling

American Pipe? No Cigar: Third Circuit Rejects Tolling for Claims of Named PlaintiffsSupreme Court Puts Kibosh on Piggybacked Class ActionsA Look Back at Significant Developments in Class Action Law in 2017

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?

Competing Class Actions

Competing Duties and Courts: 11th Circuit Clarifies Procedures and Counsel Duties in Competing Class ActionsAmerican Pipe? No Cigar: Third Circuit Rejects Tolling for Claims of Named PlaintiffsSupreme Court Puts Kibosh on Piggybacked Class Actions

Constitutional Law

Ninth Circuit to Decide Transgender Inmate's Right to Sex-Reassignment Surgery; First and Fifth Circuits Have Rejected Similar Constitutional Claims

COVID-19 (Coronavirus)

CARES Act Doesn’t Entitle Accountants to Fees for Helping Borrowers Get PPP Loans

Cy Pres

Frank v. Gaos: Remand, but Little Guidance.

Data Breach Class Actions

Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of DamagesAnother Punt: The Supreme Court Denies Certiorari in the Zappos CaseFrank v. Gaos: Remand, but Little Guidance.

Defamation

A Quick Study in Doxing and Personal Jurisdiction: Vangheluwe v. GotNews

Due Process

“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”The Supreme Court Will Soon Weigh in on Class Arbitration and Cy Pres IssuesMust the Rule 23 Predominance Requirement Be Satisfied for Purposes of a Class Settlement? The Ninth Circuit Says, “Yes.”

E-Discovery

“Who’s Gonna Pay for All This?” Can Prevailing Litigants Have Their E-discovery Charges Taxed as Costs Against Their Losing Opponents?

Economic Loss Doctrine

Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of DamagesThe Economic Loss Doctrine as a Barrier to Data Breach Recovery

Education

State and Federal Regulators Open Probe into 403(b) Plans for Teachers

Ethics

Competing Duties and Courts: 11th Circuit Clarifies Procedures and Counsel Duties in Competing Class Actions

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

First-Filed Rule

For Whom the Pipe Tolls: SCOTUS to Decide Whether American Pipe Tolling Applies to “Piggyback” Class ActionsDealing with Competing Class Actions, Part One – Race to Judgment and First-to-File Rule

Fraud on the Market Presumption

Second Circuit Clarifies How Price Impact Can Be Rebutted at the Class Certification Stage in Securities Fraud Class Actions

High Stakes Litigation

Ninth Circuit to Decide Transgender Inmate's Right to Sex-Reassignment Surgery; First and Fifth Circuits Have Rejected Similar Constitutional Claims

Incentive Awards

Circuit Split on Incentive Payments to Class Representatives Deepens11th Circuit Forbids Incentive Payments

Issue Certification

The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues

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?

Litigation Costs

“Who’s Gonna Pay for All This?” Can Prevailing Litigants Have Their E-discovery Charges Taxed as Costs Against Their Losing Opponents?

Multi-District Litigation

Ninth Circuit to Decide Transgender Inmate's Right to Sex-Reassignment Surgery; First and Fifth Circuits Have Rejected Similar Constitutional ClaimsAmerican Pipe? No Cigar: Third Circuit Rejects Tolling for Claims of Named PlaintiffsSupreme Court Puts Kibosh on Piggybacked Class Actions

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?

Parens Patriae

It’s None of Your Business: Sixth Circuit Says Arizona Lacks Article III Standing to Intervene to Challenge a Class Settlement

Personal Jurisdiction

D.C. Circuit Avoids Decisive Ruling on Personal Jurisdiction in Class ActionsA Quick Study in Doxing and Personal Jurisdiction: Vangheluwe v. GotNews“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”

Preclusion

Dealing with Competing Class Actions, Part Three – Anti-Suit Injunctions

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

Predominance

“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III Standing

Prison Healthcare Litigation

Ninth Circuit to Decide Transgender Inmate's Right to Sex-Reassignment Surgery; First and Fifth Circuits Have Rejected Similar Constitutional Claims

Retirement

State and Federal Regulators Open Probe into 403(b) Plans for Teachers

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

SEC

State and Federal Regulators Open Probe into 403(b) Plans for TeachersThink before Hitting “Send”: Supreme Court Upholds Liability under Securities Laws for Forwarding Someone Else’s False Statement

Securities Class Actions

State and Federal Regulators Open Probe into 403(b) Plans for TeachersSecond Circuit Clarifies How Price Impact Can Be Rebutted at the Class Certification Stage in Securities Fraud Class ActionsA Look Back at Significant Developments in Class Action Law in 2017

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

Statute of Limitations

Financial Negligence Claim Reversed in Mississippi Supreme Court

Statutory Damages Class Actions

“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III StandingAsk and You Shall Be Deemed to Have Consented to Receive: The Eleventh Circuit Affirms TCPA Fax Summary JudgmentThe Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action

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?

Supreme Court

D.C. Circuit Avoids Decisive Ruling on Personal Jurisdiction in Class Actions“Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class ClaimsSCOTUS Blows Down Apple’s House Made of Illinois Brick

TCPA

Competing Duties and Courts: 11th Circuit Clarifies Procedures and Counsel Duties in Competing Class Actions“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III StandingOne Spam Text Does Not Confer Standing in the Eleventh Circuit

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