The U.S. District Court for the District of Hawaii recently denied female student-athletes’ motion for class certification under Title IX even though it rejected the defendants’ attacks on mootness and standing as well as Rule 23(a)’s requirements for commonality, typicality, and adequacy. Instead, the court found that the proposed class failed to satisfy the numerosity requirement that joinder would be impracticable. The underlying case centered on Title IX ... Keep Reading »
Certification Class Action Articles
The latest class action developments and trends in certification, including news, key cases, and strategies.
Not So Fast! A Class Action Is Not an Appropriate Vehicle to Avoid Your Speeding Ticket
A federal court in Massachusetts recently denied class status for a group of individuals caught driving in the fast lane. Finding that the named plaintiff failed to demonstrate typicality and predominance, the District of Massachusetts denied certification of a class of plaintiffs who received speeding tickets under a Massachusetts regulation. The plaintiff alleged that the Board of Selectmen of Hingham, Massachusetts, posted and enforced speed limit signs without ... Keep Reading »
Should I Stay or Should I Go? Bankruptcy Preemption May Bar FDCPA and FCCPA Claims Either Way
After receiving a bankruptcy discharge, a borrower whose home is pending foreclosure has two options: stay in the home and, perhaps, make voluntary payments on the mortgage, or leave the home and start fresh. When a debt collector thereafter attempts to collect mortgage payments from that borrower, there may be grounds for a claim under the Fair Debt Collection Practices Act (FDCPA) or one its state law variants, such as the Florida Consumer Collection Practices Act ... Keep Reading »
Seventh Circuit Snapshots Hole in Groupon’s Notice of Removal of Instagram User Suit
The Seventh Circuit remanded an Instagram user's appeal after the court found that Groupon's notice of removal did not allege the citizenship of any diverse member of the putative class. The decision highlights the importance of actually alleging the minimal diversity requirement for removal under the Class Action Fairness Act (CAFA). The plaintiff, Christine Dancel, obtained permission under Federal Rule of Civil Procedure 23(f) to appeal the lower court's denial of ... Keep Reading »
Through the Looking Glass: Damages “Warts” Wreck Injunction Class
Mirror, mirror on the class, are damages what you really asked? The Eleventh Circuit reversed an interlocutory order certifying an injunction class, rejecting the plaintiffs' ploy "to lop off all the damages-based warts and recast their claim as one for injunctive relief under Rule 23(b)(2)" after their attempt to certify a damages class was denied. The decision underscores the importance of looking beyond face value to determine whether the relief requested is truly ... Keep Reading »
Ninth Circuit Affirms Certification of Class Alleging Biometric Privacy Violations
The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of California certified a class of Facebook users residing in Illinois who alleged that the social media giant violated the Illinois Biometric Information Privacy Act (BIPA) by using facial-recognition technology "without obtaining a written release and ... Keep Reading »
Hearsay What? EDNY Finds That Class Certification Evidence Must Be Admissible
Lin v. Everyday Beauty is an Eastern District of New York decision addressing an issue that has divided district courts in the Second Circuit and elsewhere: Whether a federal court may consider inadmissible evidence when deciding a class certification motion. This district court found that it could not do so. The plaintiffs, former retail sales employees of the defendants, moved to certify a class of essentially everyone employed by the defendants, beauty supply ... Keep Reading »
Objectors to Class Settlement Concerning Alleged Misrepresentations of Fuel Efficiency Run out of Gas in Ninth Circuit by Waiving Arguments
The Ninth Circuit recently addressed the propriety of applying California law to a nationwide settlement class. The Central District of California had hosted a consolidated multidistrict litigation of individuals who bought Hyundai and Kia automobiles and claimed to have been misled by the companies' allegedly inaccurate fuel efficiency estimates. The trial court originally denied certification of a litigation class, citing "material differences" in state law. ... Keep Reading »
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 »
Question of Consent Turns Putative TCPA Fax Class Action Into Junk
A recent decision by a Connecticut district court reiterates that the issue of consent may foreclose class certification in Telephone Consumer Protection Act (TCPA) junk fax cases. The action was one of several putative class actions brought by Gorss Motels Inc. against suppliers to Wyndham hotels and its various franchisees. Gorss was a former corporate owner of a Wyndham franchise hotel. Defendant Otis Elevator Co. had a contract with a subsidiary of Wyndham as an ... Keep Reading »
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