In a split panel, the Ninth Circuit Court of Appeals reversed a district court’s certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule 23(b)(3). In 2012 Hyundai and Kia were accused of overstating their fuel efficiency estimates in advertisements and car window stickers for certain of their vehicles. A flurry of putative class action litigation ensued across the country, and the MDL ... Keep Reading »
Second Circuit Reiterates: Defendants Must Satisfy Burden of Persuasion Through a Preponderance of the Evidence to Rebut Basic Presumption in Securities Fraud Class Actions
The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut the presumption established by the Supreme Court in Basic, Inc. v. Levinson. The plaintiffs-appellees, who had acquired shares of Goldman Sachs stock between 2007 and 2010, claimed violations of section 10(b) of the Securities Exchange Act and Rule 10b–5, based on Goldman’s alleged ... Keep Reading »
Supreme Court Says No More Spokeo: Portents for Other Standing Cases?
Earlier this week, the Supreme Court denied a petition for writ of certiorari in Spokeo II. As we previously reported, Spokeo II asked the Court to determine, in light of conflicting circuit court decisions, whether intangible harm to a statutorily-protected interest constitutes injury in fact even when a plaintiff cannot allege “real-world” harm or the imminent risk thereof. Does the denial indicate a reluctance to weigh in on thorny standing issues – or simply a ... Keep Reading »
Spokeo Seeks Supreme Court Round II
The Spokeo standing saga, which began in 2010, continues with a second cert petition to the Supreme Court. The case began when plaintiff filed a putative class action, alleging that defendant Spokeo violated the Fair Credit Reporting Act (which provides for actual or statutory damages) because its “people search engine” published inaccurate data about him. The district court found plaintiff lacked standing because he had not suffered any actual damages; the Ninth Circuit ... Keep Reading »
State of Louisiana, as Absent Class Member, Escapes CAFA Settlement Trap
The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana from bringing claims identical to those previously thought released in a class action settlement. As our prior post detailed, in 2013 pharmaceutical giant GlaxoSmithKline (GSK) settled a class action brought against it by indirect purchasers of the allergy ... Keep Reading »
MDL Litigation: Class and Complex Cases to Watch in 2018
The Judicial Panel for Multidistrict Litigation (“MDL Panel” or “Panel”) has transferred 97 putative class actions relating to the Equifax data breach to the Northern District of Georgia, where Equifax is headquartered. Judge Thomas Thrash, who previously handled the consolidated class actions relating to the Home Depot data breach, will preside over the actions. Eighty-five of the plaintiffs and Equifax supported this result, while the remaining plaintiffs proposed ... Keep Reading »
Putative Class Member’s Spoliation of Evidence Disqualifies Him as a Class Representative
A district court recently disqualified a plaintiff from acting as a class representative because his spoliation of evidence rendered him an atypical class member. The plaintiffs allege that casting sand used in creating Jeep Wrangler engine parts seeps into the vehicles’ radiators, creating a sludge that causes heating and cooling issues. During discovery, the defendant, which manufactures Jeep Wranglers, requested one of the putative class representatives to “[w]ithin ... Keep Reading »
SeaWorld Shareholders See Red After World Sees Blackfish
A California District Court granted certification to a group of SeaWorld investors in a shareholder securities fraud case following the release of the documentary “Blackfish.” First released in July 2013, “Blackfish” chronicles the cruelty of killer whale capture methods, the danger posed by killer whales to trainers, and the physical and psychological strains killer whales experience in captivity. The movie resulted in significant negative publicity for SeaWorld and ... Keep Reading »
Keep the Change – The Southern District of New York Authorizes Claims Administrator to Retain Portion of Accrued Interest on Settlement Funds
When class action settlement funds are not amenable to individual claims or to a meaningful pro rata distribution, courts have used the cy pres doctrine to distribute the funds to nonprofit charitable organizations whose work indirectly benefits the class members and advances the public interest. However, cy pres proved unnecessary in Dial Corp. v. News Corp., No. 13CV6802, 2017 WL 5613949 (S.D.N.Y. Nov. 20, 2017). That antitrust action involved the distribution of a ... Keep Reading »
Charges by Law Firm-Owned Vendors Challenged in Putative Client Class
Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the “law firm”) to represent them in two separate personal injury lawsuits on a contingency basis. The contract specifically identified several litigation support vendors who may perform work on the cases, including service of subpoenas, writing client biographies, investigations, photo and video gathering, locating expert witnesses, research, conducting focus groups, and creating trial ... Keep Reading »
- « Previous Page
- 1
- …
- 14
- 15
- 16
- 17
- 18
- …
- 50
- Next Page »