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 »
Digital Collusion or Warp-Speed Competition? Evaluating the Agreement Element in the Algorithmic Pricing Antitrust Cases
Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a third-party pricing consultant, share current rental prices with them, and, as a condition for participation, agree to robotically adhere to the consultant’s subsequent pricing “recommendations” for vacant units. Those recommendations, in turn, are set ... Keep Reading »
Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – January 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. Fifth Circuit Dixon v. D.R. Horton, Inc. – D.R. Horton removed a Louisiana state court class action against it to federal court, invoking CAFA jurisdiction, and the plaintiffs moved to remand, citing the “local controversy” exception to CAFA jurisdiction. The ... Keep Reading »
Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts
Welcome to the inaugural edition of Classified Monthly: A Roundup of Class Action Decisions from Federal Appellate Courts. The Roundup normally will arrive in your inbox the first week of each month and will cover the previous month’s notable decisions. Because December was a light month for decisions, this inaugural edition covers both November and December. Second Circuit Krasner v. Cedar Trust Realty, Inc. – This decision interprets the ... Keep Reading »
Rough Waters in the Expert “Hot Tub” – Court Throws Class Expert Overboard in Google Play Store Litigation
One notable opportunity associated with antitrust class action practice is the expert “hot tub,” which generally speaking is an in-court, on-the-record “debate” between dueling economists, with the court, parties, and experts themselves (or some variation thereof) participating in questioning. Such proceedings are different from a traditional Daubert hearing, which involves questions from the attorneys and perhaps the district judge, but not direct questioning of one ... Keep Reading »
11th Circuit Stands Alone in Barring All Class Incentive Awards
Nearly three years after its decision in Johnson v. NPAS Solutions LLC, the Eleventh Circuit Court of Appeals remains the only circuit in the nation to categorically bar class representatives from receiving incentive awards. The U.S. Supreme Court recently denied a petition for certiorari to review the Eleventh Circuit’s first-in-the-nation decision in Johnson. Three other circuits, the First, Second, and Ninth Circuits, have explicitly rejected the Eleventh Circuit’s ... Keep Reading »
Class Action Survey: Companies Report Big Drop in COVID-19 Class Actions
The number of companies reporting an active, putative class action related to COVID-19 is down by almost half. Corporate counsel in this year’s 2023 Carlton Fields Class Action Survey report that workforce and regulatory issues, and employee activism, are taking the place of COVID-19-related issues on their docket. Of the remaining pandemic-related class actions, half are employment claims related to wage and hour, discrimination, and hybrid work policies. ... Keep Reading »
The Lack of Actual Injury Defense: The Landscape Since TransUnion
The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in effectiveness from the previous year’s survey. Those findings may be related to the fact that just over two years ago, in TransUnion LLC v. Ramirez, the Supreme Court confirmed that “Article III does not give federal courts the power to order ... Keep Reading »
Class Action Survey: What Strategies Are Most Effective at Reducing Cost and Managing Risk in Class Action Litigation?
According to the 2023 Carlton Fields Class Action Survey, relying on trusted counsel is the most effective tool to reduce and control costs. Companies believe trusted counsel will make the right decisions without sacrificing the defense. Early case assessment rivals using trusted counsel as the most effective cost reduction tool, and the process can identify the points of strength and weakness in the defense and allow companies to deploy resources to the most effective ... Keep Reading »
- 1
- 2
- 3
- …
- 50
- Next Page »