Twelve years after it started, the saga of RBC Bank’s alleged improper assessment and collection of overdraft fees appears to have come to an end. In affirming the district court's certification of the class and approval of a settlement, the Eleventh Circuit Court of Appeals reaffirmed that “typicality” under Federal Rule of Civil Procedure 23 does not require identical claims or defenses and that only a substantial conflict of interest can destroy adequacy of a class ... Keep Reading »
Adequacy Class Action Articles
The latest class action developments and trends in adequacy, including news, key cases, and strategies.
A Unicorn Sighting? Fourth Circuit Affirms Certification of Defendant Class
Bell v. Brockett is an unusual case in several respects. Most notably, the Fourth Circuit affirmed certification of a defendant class, despite acknowledging that defendant class actions are "so rare they have been compared to unicorns." The court not only acknowledged the rarity of defendant class actions but also commented on their "inherent risks." Indeed, in a delightful footnote the court explained that although both unicorns and defendant class actions are rare, the ... Keep Reading »
Inexperienced Class Counsel Stalls Class Certification While Defendants Attempt to Employ EEOC Conciliation Agreement Against Class
The Northern District of Illinois recently denied a motion for class certification based largely on the inexperience of class counsel, and simultaneously denied the defendant’s motion to deny class certification. The plaintiffs sought to represent a class of all present and former female employees who worked at a Chicago area Ford Motor Company facility beginning in 2012. Plaintiffs filed a 123-count complaint alleging a wide range of claims, including sexual harassment, ... Keep Reading »
Court Denies Class Certification Based on Judicial Estoppel
The plaintiff brought a putative class action after allegedly defaulting on charges for medical services. Shortly thereafter, the creditor assigned, placed, or transferred the debt to the defendants for collection. The defendants later sent the plaintiff a collection letter, which the plaintiff asserted did not accurately identify the creditor of the alleged debt (naming “WF, Inc – Elmwood Mem.” as the creditor). The plaintiff alleged that he did not recognize the name ... Keep Reading »
DC Court Weighs Whether Bristol-Myers Squibb Applies to Class Actions in Whole Foods Case
The District of Columbia district court added to the growing collection of orders opining on whether and to what extent the Supreme Court’s decision in Bristol-Myers Squibb applies to class actions. This case involved a putative class of employees suing Whole Foods in an attempt to recover wages pursuant to the upscale grocer’s “Gainsharing” bonus program. The program seeks to incentivize departments in individual stores to perform under budget by distributing budget ... Keep Reading »
Sorry, But Your Credit Card (Class Action) Has Been Declined
The Eastern District of New York recently declined to certify a putative class action filed by merchants against the four major credit card providers alleging antitrust violations. The complaint alleges that MasterCard, Visa, Discover, and American Express (“Amex”) conspired by adopting the same liability policy for fraudulent charges with chip-enabled credit cards by shifting liability from banks to merchants and implementing the policy on the same day to reduce ... Keep Reading »
Conflict of Interest Renders Spouse of Former Class Counsel Inadequate Class Representative
The Eastern District of New York recently held that a former class counsel’s spouse was an inadequate class representative due to the conflict of interest created by the relationship. The plaintiff, Dr. Eve Wexler, brought a putative class action against AT&T, alleging violations of the Telephone Consumer Protection Act. The case was originally filed by the plaintiff’s husband, Shimshon Wexler, who was later joined by another attorney, Mr. Giardina. AT&T argued ... Keep Reading »
Putative Class Member’s Spoliation of Evidence Disqualifies Him as a Class Representative
A district court recently disqualified a plaintiff from acting as a class representative because his spoliation of evidence rendered him an atypical class member. The plaintiffs allege that casting sand used in creating Jeep Wrangler engine parts seeps into the vehicles’ radiators, creating a sludge that causes heating and cooling issues. During discovery, the defendant, which manufactures Jeep Wranglers, requested one of the putative class representatives to “[w]ithin ... Keep Reading »
401K Not OK: ERISA Class Certified Under Rule 23(b)(1)(B)
A New York district court granted certification in an ERISA class action brought by employees of Deutsche Bank alleging the individual fiduciaries of the company’s retirement plan engaged in self-dealing and mismanagement of its 401K plan. The court certified the class under Rule 23(b)(1)(B), which authorizes class actions when prosecuting separate actions would create a risk of decisions that would be dispositive of the interest of other members not parties to the ... Keep Reading »
Objectively Non-Flushable? The Northern District of California Certifies Consumer Class Regarding Charmin Freshmates
Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of California consumers who purchased Charmin/Proctor & Gamble’s “Freshmates” brand of “flushable” bathroom wet-wipes between April 6, 2011, and August 3, 2017. The class claims centered on the allegation that Freshmates were not “flushable” as advertised ... Keep Reading »
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