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Certification Class Action Articles

The latest class action developments and trends in certification, including news, key cases, and strategies.

Court Strikes Class Action Allegations Citing Individualized Causation Issues

May 8, 2014 by Jacob R. Hathorn

A Pennsylvania federal district court granted defendant CitiMortgage’s motion to strike class allegations under Rule 23(d)(1)(D), because it was clear from the complaint that plaintiffs could not meet the requirements for maintaining a class action and were unlikely to be able to substantiate their class allegations through discovery. Plaintiffs were homeowners who, after defaulting on their mortgage, commenced a class action against three defendants related to the ... Keep Reading »

California District Court Finds Plaintiff’s Proposed Damages Models Insufficient Under Comcast; Denies Certification Under Rule 23(b)(3) But Certifies 23(b)(2) Class

May 7, 2014 by Carlton Fields

The U.S. District Court for the Northern District of California certified a Rule 23(b)(2) class for injunctive and declaratory relief but denied plaintiff’s motion for class certification under Rule 23(b)(3) because plaintiff failed to present a sufficient damages model as required byComcast v. Behrend, 133 S. Ct. 1426, 1430 (2013).  Plaintiff’s putative class action complaint alleged that product labels on 51 varieties of Twinings tea, and statements contained on the ... Keep Reading »

Ninth Circuit Holds On 23(f) Appeal That District Court Abused Its Discretion By Weighing The Merits In Denying Certification

May 6, 2014 by Clifton R. Gruhn

After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality evidence. The plaintiffs’ complaint alleged that the defendant’s criteria for promoting police officers to investigative positions created a disparate impact on those candidates over the age of 40, which violated California’s Fair Employment and ... Keep Reading »

Court Rejects Two Common Methods of Proving Reliance on Class-wide Basis

April 30, 2014 by Amy Lane Hurwitz and Gary M. Pappas

Plaintiffs in a securities fraud class action containing over 2,000 individual investors were unable to convince a New York District Court that the reliance element of their claims was susceptible to a common method of proof for all putative class members thereby precluding certification under Rule 23(b)(3). Plaintiffs alleged that defendants misrepresented the involvement a certain individual, known for his investment expertise, would have in the management of their ... Keep Reading »

California District Court Finds Commonality Lacking Under Dukes Analysis; Denies Certification

April 28, 2014 by Oleg Rivkin and Jaret J. Fuente

The U.S. District Court for the Northern District of California denied certification in a false advertising case brought under California’s False Advertising Law (FAL), Consumers Legal Remedies Act (CLRA) and the Unfair Competition Law (UCL) because the plaintiff failed to satisfy Rule 23(a)’s commonality requirement.  The plaintiff alleged that the defendant developed, encouraged, and promoted three Unlimited Download Websites that offered media titles for a one-time ... Keep Reading »

Further Affiant Sayeth Naught: The Import Of Personal Knowledge In Class Certification Affidavits

April 22, 2014 by Jaret J. Fuente

The Eastern District of Virginia weighed in on the split among federal district courts as to whether affidavits in support of or in opposition to motions for class certification must be based on personal knowledge. The affidavit in question began with the boilerplate predicate, “I have personal knowledge of the matters discussed below,” but the affiant admitted later in deposition that he did not. In fact, the affiant conceded that he simply signed a document prepared by ... Keep Reading »

Issue of Gmail Users’ Consent to Google’s Email-Interception Practices Defeats Class Certification

April 11, 2014 by Paul G. Williams

Google recently scored a big victory in its battle against claims that it is illegally intercepting and scanning the content of emails in order to provide personalized advertisements to Gmail users.  Plaintiffs in the various lawsuits – which were consolidated for pretrial purposes in the Northern District of California – sought certification of classes including “education” users, who use Gmail provided by their school, as well as other direct and indirect users ... Keep Reading »

Securities Class Actions Receive Increased Scrutiny: District Court Applies “Stringent Standards” Of Dukes And Comcast To Deny Certification

April 9, 2014 by Carlton Fields

The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and predominance, as required to satisfy the “stringent standards” of Rule 23 pursuant to the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend, as well as the Fifth Circuit’s decision in the securities law context in Berger ... Keep Reading »

California District Court Holds That Named Plaintiff’s Lack Of Credibility On Key Issue Renders Him An Inadequate Class Representative; Denies Certification

April 3, 2014 by Carlton Fields

The U.S. District Court for the Central District of California denied class certification in a product mislabeling case after holding that named plaintiff lacked credibility on a material issue and, therefore, could not be an adequate class representative under Rule 23(a)(4). Plaintiff’s putative class action complaint alleged that manufacturer Boiron violated, among other laws, the California Unfair Competition Law and the Consumers Legal Remedies Act by misrepresenting ... Keep Reading »

Putative Nationwide Class Of Car Dealers Turns Out To Be A Lemon – Individualized Issues Preclude Certification

April 1, 2014 by Clifton R. Gruhn

The U.S. District Court for the Northern District of Georgia denied plaintiffs’ motion for nationwide class certification because the proposed class did not meet Rule 23’s commonality or predominance requirements. The putative class plaintiffs had entered into agreements granting them rights to distribute the defendant’s cars in the United States. The plaintiffs had paid the defendant’s “application” fees and, in some instances, prepared dealerships to receive new ... Keep Reading »

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