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7 Key Points From The Supreme Court's Wal-Mart v. Dukes Class Action Opinion

Jon Hyman Yesterday, the Supreme Court unanimously reversed the certification of the class action in Wal-Mart Stores, Inc. v. Dukes . Recall that Dukes sought the certification of a nationwide class of 1.5 million female Wal-Mart employees allegedly denied pay and promotions because of a corporate...

Class Action Alleging Self-Interested Conversion From LP To LLC Certified In Delaware

Garrett v. Zon Capital Partners, L.P. , C. A. No. 5607-CS (Del. Ch., Nov. 10, 2011), read letter ruling here . Issue Addressed: Whether a motion for class certification should be granted pursuant to Court of Chancery Rule 23 in connection with a complaint that alleges a self-interested transaction...

High Court Will Have To Resolve Circuit Split On Class Certification In Securities Fraud Cases

The Ninth Circuit joined the Third and the Seventh in concluding that at the class certification stage plaintiffs in a securities fraud damage action need not prove materiality to utilize the fraud-on-the market. Three other circuits take a contrary view. The Circuit Court also held that the district...

3 U.S. Supreme Court Class Action Decisions And Their Impact On The Insurance Industry

By Wystan Ackerman, Partner, Robinson & Cole LLP This commentary by Wystan Ackerman analyzes the three decisions issued by the U.S. Supreme Court on class actions in 2011, with a focus on their impact on the insurance industry: Wal-Mart Stores, Inc. v. Dukes , AT&T Mobility, LLC v. Concepcion...

Fulbright Briefing: 9th Circuit Tightens Standards For Certifying Nationwide Consumer Class Actions Applying California Law

The Ninth Circuit's decision in Mazza v. American Honda Motor Co., Inc ., Case No. 09-55376 (Jan. 12, 2012), provides defendants significant protection against certification of nationwide classes alleging claims under California's consumer protection statutes for false advertising or misrepresentations...

Troutman Sanders: Class Certification Of Unlawful Foreclosure Claims Defeated For Lack Of Commonality

By John C. Lynch , Jason E. Manning and Elizabeth "Liz" S. Flowers On April 30, 2012, the United States District Court for the District of Massachusetts denied class certification of Plaintiffs' unlawful foreclosure claims, finding that Plaintiffs failed to satisfy Rule 23(a) requirements...

Ballard Spahr LLP: 3rd Time The Charm For 'Copycat' Class Action

By Sarah T. Reise In a decision sure to encourage the practice of filing of "copycat" class actions, the Seventh Circuit Court of Appeals has ruled that a class was properly certified even though other two judges in the same federal district had previously refused to certify the proposed...

Ballard Spahr LLP: Pennsylvania Supreme Court Rejects Class Certification In Consumer Financial Services Case

By Consumer Financial Services Group The Pennsylvania Supreme Court has unanimously reaffirmed the principle that consumer claims requiring fact-intensive, individualized inquiries are not amenable to class certification. In Basile v. H&R Block, Inc. [ enhanced version available to lexis.com subscribers...

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...

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...

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...

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...

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...

Ballard Spahr LLP: Supreme Court Ruling Could Alter Class Action Landscape

By Mark J. Levin | The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez , the Court will review (1) whether a case becomes moot, and thus beyond...

Ballard Spahr LLP: 11th Circuit: Rule 23 Trumps State Law Limitation On Class Actions

By Michael R. Carroll, Burt M. Rublin, and Neal Walters Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the ADTPA itself expressly...

Ballard Spahr LLP: 3rd Circuit Clarifies Article III Standing For Absent Class Members, Impact Of Comcast

By Burt Rublin, Michael Carroll, and Casey Watkins In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that so long as any named...

Ballard Spahr LLP: 7th Circuit Green Lights Data Breach Class Action Against Neiman Marcus

By Phillip N. Yannella, Daniel JT McKenna and Suzanne O. Lufadeju An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority...