The Central District of California denied certification of a putative nationwide class of mortgagors, holding that numerous individualized issues precludeda finding of predominance, superiority, or ascertainability. In particular, the plaintiffs alleged that defendant’s subsidiary escrow companies violated the Real Estate Settlement Procedures Act’s kickback prohibition by accepting payments from delivery companies, such as UPS, FedEx, and OnTrac, in exchange for ... Keep Reading »
Superiority Class Action Articles
The latest class action developments and trends in superiority, including news, key cases, and strategies.
A Louisiana District Court struck plaintiff’s class allegations in a putative nationwide class of Mercedes vehicle owners finding plaintiff failed to meet his burden of proving predominance, superiority and manageability. Plaintiff alleged that that Mercedes concealed defects in the GL model suspension system that caused the vehicles to lean and be undriveable. Plaintiff’s complaint asserted various common law product liability, warranty and fraud theories as well as ... Keep Reading »
In Werdebaugh v. Blue Diamond Growers, the plaintiff brought suit in the United States District Court for the Northern District of California to certify a nationwide class of consumers who purchased Blue Diamond almond milk products containing allegedly false and deceptive labels. He alleged violations of California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. The plaintiff moved for certification of a class seeking injunctive ... Keep Reading »
The District Court for the Southern District of California denied certification in a California consumer class action in which Plaintiffs’ claimed that Maybelline falsely labeled and advertised its “SuperStay 24HR” makeup as having 24 hours of staying power. The Court found several deficiencies in the proposed class of Maybelline makeup purchasers under Rules 23(a), (b)(2) and (b)(3). First, the court found that the proposed class was overbroad because it included ... Keep Reading »