LexisNexis® Legal Newsroom
U.S. High Court: Class Rep’s Damages Limit Doesn’t Defeat Federal Jurisdiction

WASHINGTON, D.C. - (Mealey's) A class representative's stipulation that damages being sought were less than $5 million does not defeat federal jurisdiction under the Class Action Fairness Act (CAFA), a unanimous U.S. Supreme Court ruled March 19 ( The Standard Fire Insurance Company v. Greg...

High Court: Class Certification in Antitrust Case Was Improper

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today 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 show that the case is...

Comcast v. Behrend Sets a Higher Bar for Class Certification

by Jennifer Driscoll-Chippendale On March 27, 2013, the U.S. Supreme Court continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend , 569 U.S. ___ (2013) [lexis.com subscribers may access the opinion] . At issue was whether the proponents...

U.S. Supreme Court Vacates Moldy Washer Ruling In Light of Comcast v. Behrend

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 3 granted a petition for writ of certiorari in the appeal of a Seventh Circuit U.S. Court of Appeals decision to overturn denial of class certification in a suit over mold growth in certain front-loading automatic washers and remanded...

U.S. Supreme Court Tightens Requirement for Proof of Class-Wide Damages as a Condition to Class Action Certification (Comcast v. Behrend)

by Robert N. Rapp and Matthew J. Kucharson Excerpt: In a 5-4 decision rendered on March 27, 2013, in Comcast Corp. v. Behrend , 2013 U.S. LEXIS 2544 [ an enhanced version of this opinion is available to lexis.com subscribers ], the United States Supreme Court restricted the ability of individuals...

Amgen: One Step Closer to Re-Examining the Fraud-On-the-Market Presumption of Reliance

by Jonathan Eisenberg Excerpt: Plaintiffs in securities fraud cases rely on the fraud-on-the-market presumption of reliance to obtain class certification. As the Supreme Court recently stated in Amgen Inc. v. Connecticut Retirement Plans, No. 11-1085, slip op. at 5-6 (Feb. 27, 2013) (hereinafter...

Ohio Supreme Court Strikes Blow to Class Action Lawsuits

In recent terms, the U.S. Supreme Court has shown some hostility to class action lawsuits. In Wal-Mart v. Dukes , the Court concluded that a district court must examine the underlying merits of a claim to determine if class certification is appropriate, and that a class must have some glue binding...

Professor Sharon Reece on Oxford Health Plans v. Sutter

Excerpt: In Oxford Health Plans v. Sutter [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court of the United States held that an arbitrator's determination that an agreement authorized class arbitration survived judicial review because the arbitrator...

U.S. High Court Hears Arguments over Classifying State’s Suit as a Mass Action

WASHINGTON, D.C. — (Mealey’s) A state’s lawsuit may not be removed to federal court under the Class Action Fairness Act (CAFA), Jonathan S. Massey of Washington, representing the State of Mississippi’s attorney general, told the U.S. Supreme Court on Nov. 6 ( State of Mississippi...

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...

A "Vibe" is Not Enough: Ben & Jerry's "All Natural" Case Loses Class Certification

You'll remember the scene from "Casablanca." Ilse (Ingrid Bergman) comes in and Rick (Humphrey Bogart) says, "Your unexpected visit isn't connected by any chance with the letters of transit. It seems as long as I have those letters, I'll never be lonely ." That's sort...

US Supreme Court Denies Cert in Consumers’ UCL Challenge to Bank Fees Under Federal Law

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today let stand a ruling by California’s highest court that Congress has not barred a state unfair competition law (UCL) consumer class action against Bank of America N.A. predicated on a violation of the federal Truth in Savings...

Seventh Circuit Favors Simplified and Neutral Class Action Notices

by Tim J. St. George and David N. Anthony In a June 2 decision , Judge Richard Posner, writing for a unanimous panel of the United States Court of Appeals for the Seventh Circuit, criticized a number of statements and other aspects within a notice of class action settlement that had been approved...

New Supreme Court Case Could Have Huge Impact on Class Action Litigation

On April 27, 2015, in a development that could have significant implications for a wide variety of class action lawsuits, the United States Supreme Court granted the petition of for a writ of certiorari of online search firm Spokeo. The cert grant sets the stage for the Court to consider whether Congress...

SCOTUS Returns to Unanswered Question from Symczyk

Remember the FLSA "pick-off" case? In Genesis Healthcare v. Symczyk, the Court held that if an FLSA collective action becomes moot as to the only plaintiff (before additional plaintiffs were added), then the entire claim becomes moot (and the case is dismissed) [ an enhanced version of this...

Delaware Court of Chancery Rejects Two Separate M&A Settlements on Same Day

Two rejections by the Delaware Court of Chancery last week, on the same day, of two separate proposed settlements of two unrelated class actions challenging a merger, were reported by The Chancery Daily , Professor Bainbridge and Alison Frankel of Thomson Reuters . The two cases are Acevedo v. Aeroflex...

The Beginning of the End of the Merger Objection Lawsuit Curse?

One of the great curses of the corporate litigation environment in recent years has been the proliferation of merger objection suits, the incidence of which has gotten to the point that now just about every large merger deal draws at least one lawsuit , and sometimes several. However, if recent developments...

We Thought It Might Be Getting Better … But Class Certification Is Still on the Rise

by Archana R. Acharya The explosion of wage and hour class action litigation in the last 10 to 15 years or so has shined a spotlight not only on wage and hour practices themselves, but also on the critical question of whether an employer’s practices can and should support class certification...

Ninth Circuit Upholds California Rule on Unenforceability of PAGA Representative Action Waivers

On September 28, the Ninth Circuit issued a surprising decision (disagreeing with the view of many California district courts), holding that the California Supreme Court’s Iskanian v CLS Transportation decision is not preempted by the Federal Arbitration Act (FAA). In Iskanian , the California...

Can an NC Superior Court Judge Modify Another Judge's Class Certification Order?

Is the certification of a class by an NC state court set in stone or can it be modified during the course of the litigation? The federal rule vs. the state rule There is a difference between the federal rule governing class actions ( FRCP 23 ) and the North Carolina equivalent ( NCRCP 23 ). The...

Two Cases From NC Business Court: Class Action Fees Doubled and Expedited Discovery Denied

Last month, North Carolina Business Court. Judge Gale issued three rulings in class action cases. Two of the rulings were in consolidated class actions that had been settled. Those were in In re Pike S'holders Litig. , 2015 NCBC 89 [subscribers can access an enhanced version of this opinion: lexis...

Court Invalidates Class Action Waiver Where Arbitration Agreement Not Governed by FAA

Earlier this week, a California Court of Appeal issued its published opinion in Garrido v. Air Liquide Industrial U.S ., holding that a class action waiver in an employment arbitration agreement was unconscionable and unenforceable. You're thinking, "Wait, I thought the California Supreme Court...

Is Your Putative Consumer Class Ascertainable? The 7th Circuit Suggests It Doesn’t Really Matter at the Certification Stage

by Amy R. Jonker Class action plaintiffs have a new reason to file suit in the Seventh Circuit. In Mullins v. Direct Digital, LLC, 795 F.3d 654 (7th Cir. 2015), the Seventh Circuit refused to follow the Third Circuit’s imposition of a heightened “ascertainability” requirement at...

New York Times Article Omits Critical Pro-Arbitration Facts

by Alan S. Kaplinsky An article on consumer arbitration in this week’s Sunday New York Times concludes that “[b]y inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies … devised a way to circumvent the courts and bar people...

An Injury Without an Injury — Part 2? #SCOTUS and Collective Wage/Hour Violations

Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo , a case that will go a long way to deciding the continued viability of...