The United States District Court for the Eastern District of California recently denied class certification in a case alleging wrongdoing by a loan servicer in connection with the Home Affordable Modification Program (“HAMP”). Plaintiff brought the putative class action after defendant foreclosed on his home, seeking to represent a nationwide class of homeowners who had received permanent modification agreements (“PMAs”) for loan modifications that defendant failed to ... Keep Reading »
Certification Class Action Articles
The latest class action developments and trends in certification, including news, key cases, and strategies.
Second Circuit Affirms District Court’s Denial of Certification of Class of Investors Alleging Common Law Fraud Under New York Law
The Second Circuit affirmed the district court’s denial of class certification of a class of investors based on the appellants’ failure to satisfy the numerosity and commonality requirements of Rule 23(a). Following the collapse of the Cheyne SIV in 2007, a structured investment vehicle structured by Morgan Stanley, the appellants sought to certify a class of sophisticated institutional investors that purchased notes from the SIV between 2004 and 2007. The class action ... Keep Reading »
California District Court Certifies TCPA Class Against Defaulted Defendant
The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received numerous automated debt collection calls on her cell phone from Bennett without her consent. The law firm failed to respond to her complaint, and the court entered a default. The court then proceeded to consider plaintiff’s motion for class ... Keep Reading »
Pennsylvania District Court Denies Terminated Insurance Agents’ Bid for Certification
The Eastern District of Pennsylvania denied plaintiffs’ motion to certify certain issues under Rule 23(c)(4) and 23(b)(2), holding that the presence of numerous individualized questions, choice-of-law concerns, and other inefficiencies in the putative class litigation made certification inappropriate. Allstate had terminated over 6,200 agents, 90% of whom happened to be over the age of 40, offering four different severance options to the terminated agents. Three of the ... Keep Reading »
Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury For Either Direct Or Indirect Purchasers Of Optical Disk Drives
A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable methodology for establishing class-wide antitrust injury. The plaintiffs alleged that the defendants colluded to fix prices for ODDs, thereby preventing ODD prices from declining as quickly or as far as they would have absent the defendants’ anticompetitive ... Keep Reading »
California District Court Certifies “Not Inherently Unascertainable” Consumer Class
In addition to the explicit Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy of representation, an implied prerequisite to certification is that the class must be sufficiently definite: that is, the party seeking certification must demonstrate that an identifiable and ascertainable class exists. A class is ascertainable if it is defined by objective criteria and is sufficiently definite so that it is administratively feasible to determine ... Keep Reading »
Northern District of California Grants Certification of Antitrust Class in 15 of 16 Jurisdictions Pursuant to Dukes and Comcast; Declines to Certify One Class Due to Lack of Class Representative
In a recent case in the United States District Court for the Northern District of California, plaintiffs brought a putative class action against various defendants involved in milk production, alleging they violated the antitrust laws of fifteen states and Washington, D.C. by engaging in a conspiracy to limit the production and increase the price of raw milk. Plaintiffs sought class certification in each of the sixteen jurisdictions; the Northern District granted the ... Keep Reading »
District Court Certifies TCPA Class Over Objections to Adequacy of Named Plaintiff and Individualized Issues of Consent
A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleged that the defendant, a collection agency, repeatedly called his cell phone using an automated dialing system without his consent, including after being told that he was not the party defendant was trying to reach and after plaintiff had asked to be put on a “do not call” list. Plaintiff ... Keep Reading »
District Court Certifies Class Challenging ERISA Plan Amendment
The Eastern District of Michigan has certified a class of ERISA plan participants challenging an amendment which, in attempt to address the plan’s underfunded status, reduced their monthly disability payments. The Court certified a class of recipients of disability retirement benefits under the plan, rejecting challenges to numerosity, adequacy, and commonality. Under the numerosity analysis, the Court did not agree with defendants that joinder was practicable simply ... Keep Reading »
Pennsylvania District Court Certifies Class Despite Defendant’s Attempt To “Pick-Off” Class Representatives
A group of registered nurses formerly employed by the Department of Veterans Affairs sued the United States Office of Personnel Management (“OPM”) in a putative class action seeking declaratory and injunctive relief in connection with a recalculation of their retirement annuities that OPM was obligated to perform under the retroactive application of the Veterans Affairs Health Care Programs Enhancement Act (the “Enhancement Act”). Plaintiffs promptly moved to certify a ... Keep Reading »
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