Federal Circuit Courts of Appeal Class Action Articles

The latest class action developments and trends in Federal Circuit Courts of Appeal, including news, key cases, and strategies.

Certification Unhealthy: Ninth Circuit Vacates Order Certifying Class of Dietary Supplement Purchasers

The Ninth Circuit vacated a class certification order issued by the Central District of California, finding that common issues did not predominate because plaintiff had failed to demonstrate that the alleged misrepresentation that formed the basis of her suit had been made to all putative class members. Plaintiff alleged that defendant, Supple LLC, violated California’s Unfair Competition Law, California’s False Advertising Law, and California’s Consumer Legal Remedies ... Keep Reading »

A Message From the Eighth Circuit Regarding the TCPA

The purpose of a telephone solicitation, rather than its content, determines whether it is prohibited telemarketing under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. That is what the Eighth Circuit determined in a case arising from unsolicited telephone calls with prerecorded messages initiated for the purpose of promoting the motion picture, Last Ounce of Courage. The Golan family, who were registered on federal and state "do not call" ... Keep Reading »

All About That Base: Claim Against Fat Loss Supplement Maker Fails For Lack of Ascertainability

Adam Karhu bought a dietary supplement called VPX Meltdown Fat Incinerator (“Meltdown”) in reliance on advertising by Vital Pharmaceuticals, Inc. (“VPX”) that Meltdown would result in fat loss. Concerned that Meltdown did not in fact result in loss of girth “in all the right places,”1 if at all, Karhu filed a class action suit in the Southern District of Florida alleging that Meltdown’s advertising was false. Karhu’s motion for class certification was denied because he ... Keep Reading »

Laid-Off Chicago Teachers Clear Class Certification Hurdles

In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union.  The Board chose which schools would be subject to layoffs and it was then up to the principals of those schools to recommend the positions to be cut, subject to the central office review.  In 2012, the union, as well as three laid-off African-American tenured teachers, commenced a lawsuit in the U.S. District Court for the ... Keep Reading »

No Certification Where Class Representatives Have Conflicting Interests

Seventy-eight of the over 4,000 Michigan childcare providers who received state subsidies for offering services  to low-income families voted to oppose having their union dues deducted from their subsidy payments. Six of the dissenting providers then filed a putative class action seeking equitable relief and monetary damages alleging that the dues deduction requirement in their collective bargaining agreement violated their First Amendment rights. The proposed class ... Keep Reading »

Ninth Circuit Strictly Construes “Single Local Event” Exception to CAFA Jurisdiction for Mass Actions

In a recent decision, the Ninth Circuit Court of Appeals strictly construed the "single local event" exception to federal jurisdiction under CAFA as not encompassing "events or occurrences" that are of a continuing nature. Plaintiffs are Washington residents who filed a complaint in state court alleging that Boeing contaminated their groundwater and, together with its environmental remediation contractor, Landau, did not properly investigate, remediate, and clean up ... Keep Reading »

Third Circuit to Plaintiffs’ Bar: Expert Testimony Necessary for Certification Must Satisfy Daubert

Plaintiff purchasers of traditional blood reagents, products that test the compatibility of donor blood with recipients, brought putative class actions claiming that two defendant companies conspired to fix prices in violation of antitrust law. Numerous lawsuits were consolidated in the Eastern District of Pennsylvania (and one of the defendants subsequently settled with the plaintiffs). The district court found that plaintiffs had satisfied the requirements of ... Keep Reading »

Ninth Circuit Holds Defendant Can Remove Within 30-Days After CAFA Grounds Are Ascertained, Even Where Complaint Provided Basis For Federal Question Removal

A Ninth Circuit panel has held that a defendant may remove a case to federal court within 30 days after the CAFA ground for removal can first be ascertained, even where plaintiff's complaint, filed years earlier, provided a basis for removal based on federal question jurisdiction. On April 3, 2012, plaintiff filed her initial complaint against Nationstar in state court, alleging various causes of action, including a federal cause of action under the Fair Debt ... Keep Reading »

Ninth Circuit Holds That State Court’s Class Certification Order Creates New Occasion for CAFA Removal

The Ninth Circuit held that a state court's certification order, under which CAFA's amount in controversy would be met, created a new basis for defendant to remove the case to federal court. The plaintiff had filed a putative class action against Dollar Tree in California Superior Court alleging violations of the California Labor Code and California Business and Professions Code, Section 17200, based on Dollar Tree's purported failure to provide required paid rest breaks ... Keep Reading »

Ninth Circuit Reverses Order Striking Class Allegations in Microsoft Xbox Case

The Ninth Circuit reversed an order striking class allegations against Microsoft reasoning that the Washington district court misapplied its precedent and thereby abused its discretion. Plaintiffs alleged that a design defect in Microsoft’s Xbox 360 video game console made it unable to withstand vibrations during normal game playing conditions and caused game discs to become scratched and unplayable. Microsoft countered that the majority of Xbox units do not manifest the ... Keep Reading »