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 »
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 »
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 »
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 »
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 »
One Game, One Stadium: Eleventh Circuit Spikes Collateral Challenge to Tampa Bay Buccaneers Proposed Class Action Settlement
The Eleventh Circuit recently imparted an important message to the class action bar, and in particular to attorneys representing different named plaintiffs in competing class actions: there is “only one gatekeeper under Rule 23,” so any challenge to a proposed class action settlement should be presented to the district judge deciding whether to approve that settlement, not to a different judge by way of a collateral attack on the proposed settlement. Several years ... Keep Reading »