The U.S. District Court for the Southern District of West Virginia certified a Rule 23(b)(3) class, holding that the class was sufficiently ascertainable and satisfied the requirements of Rule 23(b)(3). Plaintiff’s class action complaint alleged that Quicken Loans violated section 1681g(g) of the Fair Credit Reporting Act by failing to provide credit score disclosures “as soon as reasonably practicable” after obtaining the plaintiff consumer’s credit report. Plaintiff ... Keep Reading »
Archives for June 2014
Court Refuses to Apply California or Texas Law to Putative Nationwide Class and Denies Renewed Motion for Class Certification
A California federal district court denied a renewed motion for certification of a nationwide class, holding that the application of California negligence and conversion law would violate the due process rights of non-Californian class members. Ms. Marsh sought to represent a nationwide class of “payday loan” applicants who were allegedly victimized by unauthorized withdrawals from their bank accounts via “remotely created checks” processed by one Texas-based ... Keep Reading »
Damage Models Create Individualized Issues For Pre-Explosion Subclass Of BP Shareholders, But Present No Impediment For Post-Explosion Subclass
The Southern District of Texas recently denied certification of a subclass of BP shareholders who purchased shares prior to the Deepwater Horizon explosion and alleged that misstatements regarding safety improvements caused them to buy BP shares at inflated prices. The court, however, certified a subclass of shareholders who purchased shares after the disaster and alleged that BP’s misstatements regarding the scope of the damage from the explosion and oil spill ... Keep Reading »