The Middle District of Louisiana denied certification of a putative class bringing claims for redhibition and unjust enrichment against Exxon Mobil Corporation ("Exxon"). Plaintiffs allegedly purchased gasoline refined at Exxon’s Baton Rouge terminal that Exxon conceded contained a resin accidentally introduced during the refining process. The parties disputed whether the resin fully combusted during normal engine operations or remained in the engine causing damage and ... Keep Reading »
Illinois District Court Denies Certification of Class in TCPA Claim for Lack of Typicality, Adequacy, Numerosity and Ascertainability
The Northern District of Illinois denied certification of a class in a claim brought pursuant to the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. Sec. 227. Plaintiff alleged that defendant violated the TCPA by sending it unsolicited faxes promoting defendant's catering services. In discovery, plaintiff obtained a fax log demonstrating that Defendant sent 3,000 faxes to 106 unique fax numbers. Plaintiff also obtained a template fax that defendant allegedly used ... Keep Reading »
Northern District of California Adopts Flexible Approach To Analyzing Pre-Certification Standing Issues
The United States District Court for the Northern District of California partially granted and partially denied a motion to dismiss based on the standing of 18 named plaintiffs from 13 different states seeking class certification under the consumer protection and privacy laws of 48 states arising from plaintiffs’ purchases of numerous cell phone models. Plaintiffs sued the software developer of a cell phone network diagnostic tool and numerous mobile device ... Keep Reading »
Florida District Court Rejects Motion To Strike But Allows Pre-Certification Standing Challenge In Snack Food Labeling Case
Before class certification hearings occur in the Southern District of Florida, defendants may not challenge plaintiff's class allegations via Rule 12(f) motions to strike but may challenge plaintiff's standing via motions to dismiss. In Bohlke v. Shearer's Foods, LLC, plaintiff sought to represent a Florida class and alternative nationwide class of purchasers of five flavors of defendant's rice chips. Plaintiff alleged that defendant's "all natural" labels were false ... Keep Reading »
Eleventh Circuit Affirms CAFA-Based Remand Order
Just two weeks after the Supreme Court's decision in Dart Cherokee Basin Operating Co. v. Owens, the Eleventh Circuit affirmed a CAFA-based remand order where the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the jurisdictional threshold for a CAFA removal. Plaintiff, a former Lilly employee, alleged that Lilly failed to make certain incentive payments due her and other similarly situated individuals who had ... Keep Reading »
Seventh Circuit Rejects Another Settlement With Disproportionate Attorney Fees Compared to Class Member Benefits
The Seventh Circuit Court of Appeals rejected a class action settlement because class counsel would have received generous attorney fees for conferring only meager benefits to the class. Writing for the Court, just as he did a few months earlier in Eubank v. Pella Corp., 753 F.3d 718 (7th Cir. 2014), Judge Posner described this settlement as “a selfish deal between class counsel and defendant” that “disserves the class.” Plaintiffs sued NBTY and Rexall Sundown for ... Keep Reading »
California District Court Certifies TCPA Class Against Defaulted Defendant
The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received numerous automated debt collection calls on her cell phone from Bennett without her consent. The law firm failed to respond to her complaint, and the court entered a default. The court then proceeded to consider plaintiff’s motion for class ... Keep Reading »
Ohio District Court Limits American Pipe Tolling Doctrine
The District Court for the Southern District of Ohio recently limited the American Pipe tolling doctrine in a fraud suit arising out of the sale of residential mortgage-backed securities (“RMBS”). Plaintiffs’ 2011 Ohio complaint alleged that defendants’ offering materials upon which they relied more than three years earlier violated the Federal Securities Act. Defendants moved to dismiss based on the three year statute of repose contained in 15 U.S.C. §77m. Plaintiffs ... Keep Reading »
Pennsylvania District Court Certifies Class Despite Defendant’s Attempt To “Pick-Off” Class Representatives
A group of registered nurses formerly employed by the Department of Veterans Affairs sued the United States Office of Personnel Management (“OPM”) in a putative class action seeking declaratory and injunctive relief in connection with a recalculation of their retirement annuities that OPM was obligated to perform under the retroactive application of the Veterans Affairs Health Care Programs Enhancement Act (the “Enhancement Act”). Plaintiffs promptly moved to certify a ... Keep Reading »
Ninth Circuit Approves Statistical Sampling And Affirms Certification Of Overtime Class
The Ninth Circuit recently affirmed certification of a class of an estimated 800 current and former California-based Allstate Insurance Company adjusters who allege that Allstate has a practice or unofficial policy of requiring its hourly claims adjusters to work unpaid off-the-clock overtime in violation of California law. In certifying the class, the district court found that the question of whether Allstate had an unofficial policy of denying overtime payments while ... Keep Reading »
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