The Week In Securities Litigation: Supreme Court Hears Significant Securities Case, SEC Files 3 Actions

The Supreme Court heard argument in a significant securities case this week. The question the High Court will resolve later this term is whether a securities law plaintiff relying on the fraud-on-the-market theory must, at the class certification stage, prove that the claimed misstatements were material...

Abbey Spanier: Court Certifies Class Action On Behalf Of Papa John’s Customers Who Received Unsolicited Text Messages

Have you ever received unsolicited advertising in the form of a text message? These forms of solicitations may be illegal under the Telephone Consumer Protection Act ("TCPA") which restricts telephone solicitations and the use of automated telephone equipment. The TCPA also limits the use of...

Supreme Court Rules Materiality Not A Prerequisite To Certification In Securities Class Action Lawsuit

WASHINGTON, D.C. - (Mealey's) Materiality is not a prerequisite to class certification in a securities class action lawsuit where the plaintiffs are seeking monetary damages for alleged violations of Sections 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule...

Abbey Spanier LLP: Maryland Court Of Appeals Denies Attempt To Pick-Off Plaintiff In Class Action

By Orin Kurtz In Frazier v. Castle Ford, Ltd. , 2013 WL 265072 (January 24, 2013) [ enhanced version available to lexis.com subscribers ], the Maryland Court of Appeals put the brakes on a tactic that has gained favor among defendants in class actions-and that has caught the attention of the Supreme...

High Court Rules In Amgen Securities Class Action That Plaintiffs Not Required To Prove Materiality For Certification

In a much anticipated ruling in the Amgen securities class action litigation, the U.S. Supreme Court, in a 6-3 majority opinion written by Justice Ginsburg, held that a securities plaintiff is not required to prove that the allegedly misleading statements are material as a prerequisite to class certification...

U.S. Supreme Court Rules Class Certification In Antitrust Case Improper

By Joan Grossman WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 27 ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class has introduced admissible evidence, including expert testimony, to...

Fulbright & Jaworski L.L.P.: Supreme Court Further Refines Proof Standards For Class Certification And Ups The Ante For Antitrust Plaintiffs

On March 27, 2013, the U.S. Supreme Court issued its long-awaited opinion in Comcast Corp. v. Behrend (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) , addressing the quality of proof needed to satisfy Federal Rule of Civil Procedure 23's rigorous requirements...

William A. Ruskin: Comcast Corp. v. Behrend Decision Levels Class Action Playing Field

By William A. Ruskin The Foley Hoag Product Liability Update is a good source of information concerning developments in product liability and related law for product manufacturers and sellers. Published quarterly, the Update is prepared under the aegis of David R. Geiger , the chair of Foley Hoag's...

Abbey Spanier: California Appeals Court Reverses Its Previous Denial of Class Certification In Light Of Brinker Decision

Plaintiffs brought a class action on behalf of approximately 4,000 current and former employees of Boyd & Associates, Inc. which provides security guard services. Plaintiffs alleged that Boyd denied off-duty meal breaks and off-duty rest breaks and did not include certain reimbursements and an annual...

Abbey Spanier LLP: California Appeals Court Reverses Its Previous Denial Of Class Certification In Light Of Brinker Decision

Plaintiffs brought a class action on behalf of approximately 4,000 current and former employees of Boyd & Associates, Inc. which provides security guard services. Plaintiffs alleged that Boyd denied off-duty meal breaks and off-duty rest breaks and did not include certain reimbursements and an annual...

Oregon Appeals Court Reinstates, Remands 'Light' Cigarette Claims

SALEM, Ore. - (Mealey's) The Oregon Court of Appeals has reinstated a putative class of Marlboro Light cigarette smokers who say they suffered an economic loss because the cigarettes were no safer than regular Marlboros, saying June 19 that the trial judge erred in rejecting the superiority of class...

Class Certification Granted To Property Owners In Illinois Oil Refinery Spill

EAST ST. LOUIS, Ill. — (Mealey’s) An Illinois federal judge granted class certification Sept. 3 to owners of 387 properties in the Village of Roxana, Ill., who claim diminution of value as a result of alleged contamination of the land, air and water with benzene and other cancer-causing...

Supreme Court Denies Challenge to Judge’s Practice in Appointing Class Counsel

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Nov. 18 denied a petition for review filed by a class member who objected to the settlement of a class suit accusing Sirius XM Radio Inc. of antitrust violations in connection with the 2008 merger of the only two providers of satellite...

AbbeySpanier LLP: Court Certifies Class Of Rite Aid Store Managers Under Rule 23

A former Rite Aid store manager filed a complaint in the Southern District of New York alleging that Rite Aid failed to pay its store managers overtime in violation of the Fair Labor Standards Act (the “FLSA”) and the New York Labor Law (the “NYLL). The plaintiff claimed that store...

William A. Ruskin: Comcast May Be A Class Action Game-Changer, But Not In Boston

By William A. Ruskin | In Comcast Corp. v Behrend , 133 S.Ct. 1426 (March 27, 2013) [ enhanced opinion available to lexis.com subscribers ], the Supreme Court held that the lower court erred in failing to consider flaws in plaintiffs' damages model merely because the damages model would be pertinent...

U.S. High Court: State’s Lawsuit On Behalf Of Citizens Is Not Mass Action

WASHINGTON, D.C. — (Mealey's) A state’s lawsuit seeking restitution for itself and its citizens, in which it is the only named plaintiff, does not qualify as a mass action under the Class Action Fairness Act (CAFA), the U.S. Supreme Court ruled unanimously Jan. 14 ( State of Mississippi...

Williams Mullen: State Attorneys General Served ‘Home Cooking’ By The Supreme Court Of The United States

By Charles E. “Chuck” James Jr. and Brendan D. O’Toole On January 14, 2014, in Mississippi v. AU Optronics Corp. , the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does not constitute a ‘mass action’ and...

U.S. Supreme Court Denies Cert For Makers Of Allegedly Defective Washing Machines

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Feb. 24 denied two petitions for writ of certiorari filed by Sears Roebuck and Co. and Whirlpool Corp. in relation to rulings that granted class certification for various purchasers of front-loading washing machines who allege that a...

William A. Ruskin: Comcast Corp. v. Behrend's Impact In Toxic Tort Litigation

By William A. Ruskin I have written about how the U.S. Supreme Court's decision in Comcast v. Behrend has had the practical result of raising the bar for class certification and leveling the playing field for corporate defendants [ enhanced opinion available to lexis.com subscribers ]. Until recently...

DLA Piper: California Court Certifies Unlikely Class – Will It Redefine The Class Action Landscape?

By Stefanie Jill Fogel , George Gigounas and Rachael E. Yourtz | In food marketing litigation, class certification is a major hurdle for would-be class plaintiffs, but a recent case out in the Central District of California may have lowered the bar with a flexible approach to class certification....

Williams Mullen: Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues

By Turner A. Broughton and Lauren M. Wheeling In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“ Halliburton II ”), the United States Supreme Court addressed two securities class action issues[ enhanced opinion available to lexis.com subscribers. : lexis.com...

Ballard Spahr LLP: 3rd Circuit Rejects Class Certification in Yet Another Consumer Case

By Burt M. Rublin and Joel E. Tasca Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged overbilling practices, which implicated differing...

Norton Rose Fulbright: Courts Disagree Whether Attacks On Expert Damage Models Defeat Class Certification In The Wake Of Comcast

By Joshua Lichtman Federal courts continue to be split on whether the Supreme Court’s 2013 ruling in Comcast Corp. v. Behrend [ enhanced opinion available to lexis subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case ]. requires plaintiffs seeking class certification...

Norton Rose Fulbright: Certification of Damages Class Denied in ‘All Natural Fruit’ False Labeling Suit

By Joshua Lichtman Updating our previous post , another federal district court has interpreted Comcast Corp. v. Behrend [ an enhanced version of this opinion is available to lexis.com subscribers ] to require plaintiffs to demonstrate a viable “means of showing damages on a classwide basis through...

Split U.S. Supreme Court: Only Plausible Allegation Needed In CAFA Appeal

WASHINGTON, D.C. — (Mealey's) A notice of removal filed under the Class Action Fairness Act (CAFA) requires only a plausible allegation regarding the amount in controversy exceeding the jurisdictional threshold, a split U.S. Supreme Court ruled Dec. 15 ( Dart Cherokee Basin Operating Company...