On June 5, 2025, in Laboratory Corp. of America Holdings v. Davis, the U.S. Supreme Court dismissed as improvidently granted a case presenting the question of whether a certified class properly may include both injured and uninjured class members. The plaintiffs alleged that Labcorp’s appointment kiosks violated the Americans with Disabilities Act because they were not accessible to blind patients. The district court certified a class that consisted of all blind ... Keep Reading »
Royal Canin v. Wullschleger: A Primer on Jurisdiction
In the Supreme Court’s latest opinion, Royal Canin U.S.A. Inc. v. Wullschleger, the court takes us back to basics on the basis for federal question and supplemental jurisdiction. Anastasia Wullschleger initially brought this lawsuit against Royal Canin U.S.A. Inc. in state court, asserting both federal and state law claims. Royal Canin removed the case to federal court. Wullschleger, desiring her case to be resolved in state court, then amended her complaint to drop ... Keep Reading »
Classified (Bi-)Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts July and August 2024
The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions. First Circuit Nightingale v. National Grid USA Service Co. – This is a decision about Massachusetts consumer protection law with a notable class action overlay. A Massachusetts statute prohibits unfair or deceptive trade practices or acts, and a Massachusetts regulation provides that a debt collector violates this statute if it ... Keep Reading »
Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. Sixth Circuit Wayside Church v. Van Buren County – A law firm communicated with members of a putative class regarding the putative class action in which they were members—the catch is that the firm was not putative class counsel. The district court entered a protective order barring further such ... Keep Reading »
Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts May 2024
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. Third Circuit Forsythe v. Teva Pharmaceutical Industries Ltd. – The district court certified a securities class action against Teva, which filed a Rule 23(f) petition seeking permission to appeal that order. Teva argued that the Third Circuit should take the interlocutory appeal to resolve a novel issue, ... Keep Reading »
Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve
With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability disputes to the courts, the courts must decide which contract governs. Suski involved a class action lawsuit against Coinbase Inc., a cryptocurrency trading platform. The plaintiffs in the suit were several participants in a sweepstakes hosted by ... Keep Reading »
Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts April 2024
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. Seventh Circuit In re Recalled Abbott Infant Formula Products Liability Litigation – This decision concerns Article III standing. The FDA warned consumers not to use baby formula produced at a certain Abbott facility during a certain period. Abbott voluntarily recalled some of the baby formula manufactured at ... Keep Reading »
11th Circuit: Another GoDaddy TCPA Class Settlement Is a No-Go
In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement. As we previously reported and discussed, Drazen involved three consolidated class actions against GoDaddy.com LLC, alleging that the company violated the Telephone Consumer Protection Act by sending unwanted text messages and calls through a prohibited automatic telephone dialing system ... Keep Reading »
Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – March 2024
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. Second Circuit Behrens v. JPMorgan Chase Bank, N.A. – In this decision, the Second Circuit answered a question of first impression for that court: “whether the existence of subject-matter jurisdiction requires a district court to exercise it, even if it is invoked belatedly—on analogy to the rule that a party ... Keep Reading »
Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – February 2024
The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions. Third Circuit Barclift v. Keystone Credit Services, LLC – This decision concerns a putative class action asserting claims under the Fair Debt Collection Practices Act (FDCPA). The named plaintiff alleged that the defendant debt collector violated the FDCPA by ... Keep Reading »
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