Our prior blogs have discussed the Third Circuit’s “rigorous” ascertainability requirement for 23(b)(3) classes here and here. We have also explored how district courts in the Circuit, such as the Eastern District of Pennsylvania, have denied certification in reliance on that heightened standard. A recent E.D. Pa. opinion demonstrates that all is not lost for putative Third Circuit class actions when the proposed class is readily ascertainable based on objective criteria ... Keep Reading »
The Bitter and the Sweet
On October 3, the Eleventh Circuit Court of Appeals affirmed the district court’s approval of a class settlement, an award of attorney’s fees to class counsel, and the provision of an incentive award for the class representative. The court affirmed in the face of objections to the class representative’s Article III standing, the notice pursuant to Rule 23(h), the award of attorney’s fees, and the incentive award to the class representative. The basic background is as ... Keep Reading »
Don’t Count Your Chickens – Or State Citizens for CAFA Exceptions – Before They Hatch
The Ninth Circuit vacated a remand order implicating the local and home-state controversy exceptions to CAFA jurisdiction in a putative class action by former California resident employees of Kentucky Fried Chicken (KFC) for state wage-and-hour law violations. The court ruled that the plaintiffs did not meet their burden to prove that “greater than two-thirds of proposed class members” were residents of California to invoke the exceptions. Originally filed in ... Keep Reading »
No Injury, No Problem?: The First Circuit Weighs in on Certification Where Absent Class Members Lack Harm
In Tyson Foods, the Supreme Court declined to resolve the issue of whether a class may be certified if it contains members who were not injured and have no legal right to damages. Dealing with this increasingly common issue in class action litigation, the First Circuit recently summarized circuit precedent on the issue – and ultimately reversed a district court decision certifying a class that contained class members who had not suffered any injury. Plaintiffs filed ... Keep Reading »
A Treat for Plaintiffs’ Lawyers: Middle District of Florida Finds Bristol-Myers Squibb Inapplicable to Class Actions
As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California. The decision involved a mass tort action in which the California Supreme Court asserted specific personal jurisdiction over the claims of non-resident plaintiffs who were allegedly injured outside the state of California. The U.S. Supreme Court disagreed, holding that the exercise of ... Keep Reading »
Employers and Employees Look Ahead to Potential Impact of SCOTUS Rulings on Arbitrations vs Class Action Cases
Carlton Fields Shareholder Julianna Thomas McCabe was quoted by CNBC in an article about whether the U.S. Supreme Court will make it harder for workers to take their employers to court. A fair arbitration is better and faster than a trial for both parties, said McCabe, who leads the firm’s National Class Actions practice group. McCabe told CNBC the Supreme Court appears “extremely interested in this issue” ahead of oral argument in Henry Schein Inc. v. Archer and White ... Keep Reading »
Inexperienced Class Counsel Stalls Class Certification While Defendants Attempt to Employ EEOC Conciliation Agreement Against Class
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 »
Court Denies Class Certification Based on Judicial Estoppel
The plaintiff brought a putative class action after allegedly defaulting on charges for medical services. Shortly thereafter, the creditor assigned, placed, or transferred the debt to the defendants for collection. The defendants later sent the plaintiff a collection letter, which the plaintiff asserted did not accurately identify the creditor of the alleged debt (naming “WF, Inc – Elmwood Mem.” as the creditor). The plaintiff alleged that he did not recognize the name ... Keep Reading »
Reservation Canceled! Court Strikes Class Allegations Against American Airlines
The Northern District of Illinois recently granted defendant American Airlines’ motion to strike class allegations in a passenger’s breach of contract suit brought after American cancelled plaintiff’s flight reservation when he attempted to check in less than an hour before the scheduled departure time. The court found it was clear from the pleadings that plaintiff’s proposed nationwide class could not meet the predominance requirement of Rule 23(b)(3). In particular, ... Keep Reading »
Tenth Circuit Finds Plaintiffs’ Settle and Dismiss Strategy Unappealing
Following Supreme Court precedent, the Tenth Circuit recently held that plaintiffs’ settlement and voluntary dismissal of their claims did not transform the court’s interlocutory order denying class certification into a final, appealable order under 28 U.S.C. § 1291. Plaintiff trusts brought a putative class action against an energy company, alleging various claims related to royalty interests under gas leases, and sought to certify a class. The district court denied ... Keep Reading »
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