The Northern District of Illinois recently denied a motion for class certification based largely on the inexperience of class counsel, and simultaneously denied the defendant’s motion to deny class certification. The plaintiffs sought to represent a class of all present and former female employees who worked at a Chicago area Ford Motor Company facility beginning in 2012. Plaintiffs filed a 123-count complaint alleging a wide range of claims, including sexual harassment, ... Keep Reading »
No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case
Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary payment defense precluded findings of commonality, typicality, predominance, and superiority. At issue was the City of Orlando’s (“City”) issuance of fines pursuant to an ordinance that allowed for the use of cameras to record vehicles failing to ... Keep Reading »
Play Ball! California Federal Court Reconsiders Order Denying Minor League Baseball Players’ Motion For Class Certification
The Northern District of California recently renewed hope in a minor league baseball player class action wage dispute by granting the plaintiffs class certification after they narrowed the class. The court had previously denied class certification in July 2016, finding that the experiences of the class members varied too widely to satisfy Rule 23. The original class certification motion sought to certify “classes consisting of ‘[a]ll persons who under a Minor League ... Keep Reading »
Two Second Circuit Cases, Two Applications of Campbell-Ewald, Two Different Results, Three Weeks Apart
Within roughly three weeks, the Second Circuit issued two opinions applying the Supreme Court’s Campbell-Ewald Co. v. Gomez decision to class action cases involving Rule 68 offers of judgment. On February 15, 2017, in Leyse v. Lifetime Entertainment Services, LLC, the Second Circuit upheld entry of judgment in a case brought by a plaintiff individually and on behalf of a putative class alleging violations under the Telephone Consumer Protection Act (TCPA). The plaintiff ... Keep Reading »
Ninth Circuit Parses “Administrative Feasibility” and “Ascertainability” – Refuses to Acknowledge Either as a Prerequisite to Class Certification
The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. (“ConAgra”) by consumers who claimed that ConAgra’s “100% Natural” labels on Wesson cooking oils were false or misleading. The plaintiffs argued that the oils are “not natural” because they are made from bioengineered ingredients, and moved to certify eleven statewide classes of consumers who purchased the oils within the applicable statute of limitations periods. ... Keep Reading »
State Law Prohibiting Class Actions Does Not Preclude Court From Maintaining Certification and Approving Settlement Agreement
The Sixth Circuit recently affirmed approval of a class action settlement agreement, holding that “a post-settlement change in the law does not alter the binding nature of the parties' settlement agreement, nor does it violate Rule 23 . . . or the Rules Enabling Act.” The plaintiffs brought a class action against their former employers, alleging violations of the Kentucky Wage and Hour Act (KWHA). After the district court certified a class, the parties reached a ... Keep Reading »
Ninth Circuit Denies Rehearing En Banc, Requires Ex-Uber Drivers to Arbitrate Claims Individually
The Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber Technologies, Inc. (“Uber”) on behalf of themselves and a putative class over the use of background checks must arbitrate their claims individually. The consolidated cases concerned both 2013 and 2014 versions of agreements Uber drivers were required to sign. The agreements included mandatory arbitration clauses, and class ... Keep Reading »
Adding to Circuit Split, Divided Ninth Circuit Finds Concerted Action Waiver in Ernst & Young’s Employment Agreement Unenforceable Under NLRA
Ernst & Young’s (“E&Y”) employment agreements contained “separate proceedings” and arbitration provisions, which together required that disputes be resolved individually through arbitration, rather than collectively through some other forum. Despite entering such an agreement, an employee filed a class action against E&Y in federal court, alleging that he and other employees had been misclassified and denied overtime wages in violation of the Fair Labor ... Keep Reading »
Court Orders Additional Notice to Class Regarding Counsel’s Request for Fees Based on Work Performed Following Initial Fee Award
The Northern District of Illinois vacated its grant of fees to class counsel for work performed following an initial fee award, finding that Rule 23(h) required notice to the class regarding counsel’s new fee request, even though the total attorneys’ fees awarded were within the range disclosed in the original class notice. As discussed in a prior post, the Seventh Circuit affirmed the initial award of fees to class counsel, notwithstanding that the settlement included a ... Keep Reading »
Questions About Delivery Drivers’ Employee/Independent Contractor Status Preclude Commonality and Predominance Findings
A New Jersey district court denied certification of a putative class of furniture delivery drivers and helpers employed by various transportation companies (the “Driver/Helpers”) and individuals who owned those transportation companies. The court held that individualized questions regarding whether the plaintiffs should be classified as employees or independent contractors precluded findings of commonality and predominance. The defendant, MXD, Inc., a company that ... Keep Reading »