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Archives for November 2018

Third Circuit Ascertainability Requirement Satisfied in FDCPA Class Against Law Firm

by Gary M. Pappas and Raina T. Shipman

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

by Joseph H. Lang, Jr.

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

by Carlton Fields

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

by Carlton Fields

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. The plaintiffs filed ... Keep Reading »

A Treat for Plaintiffs’ Lawyers: Middle District of Florida Finds Bristol-Myers Squibb Inapplicable to Class Actions

by Carlton Fields

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 »

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