Classified Class Action Blog

  • All Topics
  • Contributors
  • About
  • Contact
  • Subscribe

Certification Class Action Articles

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

Court Denies Class Certification Based on Judicial Estoppel

October 16, 2018 by Carlton Fields

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 »

Class Certification Denied in ‘Junk Fax’ Case in Electronic Age

September 25, 2018 by Joseph H. Lang, Jr.

On September 5, Judge Dlott (Southern District of Ohio) denied plaintiff’s motion for class certification in a case involving the “junk fax” provision of the Telephone Consumer Protection Act of 1991. Perhaps perplexed that such cases still arise, the district court explained that, “[a]lthough it seems odd that the problem persists in the electronic age, the ‘junk fax’ provision attempts to curb the inundation of unwanted faxes.” In this case, there was no dispute that ... Keep Reading »

The Eleventh Circuit Weighs in on the Intersection of Arbitration and Class Action Jurisprudence

September 24, 2018 by Joseph H. Lang, Jr. and D. Matthew Allen

On September 19th, the Eleventh Circuit Court of Appeals resolved a question of first impression in the circuit: whether the availability of the class action mechanism is a question of arbitrability that presumptively should be decided by the court. The Court ruled that the availability of class arbitration presumptively should be decided by the court. But, in a second ruling that could overshadow the first for many existing arbitration agreements, the Court proceeded to ... Keep Reading »

Volkswagen Passes Fairness Test for Class Settlement in Dispute Over “Defeat Devices” to Bypass Emission Tests

September 17, 2018 by Carlton Fields

Last month the Ninth Circuit affirmed a district court decision approving a class settlement regarding Volkwagen’s marketing of clean diesel vehicles that used so-called “defeat devices” to circumvent emissions tests. Hundreds of “defeat device” lawsuits against Volkswagen were consolidated in the Northern District of California for pretrial proceedings. The proposed settlement provided over $10 billion in potential damages and class members’ recovery depended on whether ... Keep Reading »

Defense Victories in Genetic and Biometric Privacy Class Actions

September 5, 2018 by Carlton Fields

In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic and biometric data. In a rare defense victory in a circuit favored by the plaintiff’s bar, a Ninth Circuit panel affirmed a decision by the United States District Court for the District of Alaska denying plaintiff’s motion for certification of claims under  Alaska’s ... Keep Reading »

No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case

June 21, 2018 by Brooke Patterson and Clifton R. Gruhn

Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary payment defense precluded findings of commonality, typicality, predominance, and superiority. At issue was the City of Orlando’s (“City”) issuance of fines pursuant to an ordinance that allowed for the use of cameras to record vehicles failing to ... Keep Reading »

Despite Second Shot at Ascertainability Post-Petrobras, Renewed Motion to Certify Falls Flat on Predominance Grounds

May 29, 2018 by Carlton Fields

Royal Park, an investment company, recently suffered its second defeat in its attempt to certify a class action against Deutsche Bank regarding bond-like instruments collateralized by mortgages held in trusts entitling instrument-holders to the mortgages’ cash flow for various contractual and common law claims. The Southern District of New York denied Royal Park’s first motion to certify on the grounds the proposed class was insufficiently ascertainable, finding it was ... Keep Reading »

Third Circuit Rejects ‘Shingle Lottery’ Theory of Common Defect in Putative Homeowner Class

May 11, 2018 by Ricardo Rozen and Gary M. Pappas

The Third Circuit Court of Appeals recently affirmed a district court order denying certification to a group of homeowners in four states who alleged roof shingle manufacturer Owens Corning sold defective roof shingles and misrepresented their expected useful life. Specifically, plaintiffs alleged claims for breach of express warranty, breach of implied warranty of merchantability, and violation of various state consumer protection statutes because the shingles installed ... Keep Reading »

DC Court Weighs Whether Bristol-Myers Squibb Applies to Class Actions in Whole Foods Case

April 18, 2018 by D. Matthew Allen

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

April 2, 2018 by Carlton Fields

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 »

  • « Previous Page
  • 1
  • 2
  • 3
  • 4
  • 5
  • …
  • 19
  • Next Page »

Get Weekly Updates!

2020 Class Action Survey – Now Available!

DOWNLOAD NOW
Carlton Fields Logo A blog focused on the latest class action developments and trends by the attorneys of Carlton Fields.

Search

Topics

Industries/Practices
  • Construction
  • Consumer Finance & Banking
  • Food & Beverage
  • Health Care
  • Insurance
  • Labor, Employment & ERISA
  • Manufacturing & Products
  • Pharmaceutical
  • Privacy & Technology
  • Securities
  • Telecommunications

Substantive/Procedural
  • Arbitration
  • CAFA
  • Certification
    • Adequacy
    • Ascertainability
    • Commonality
    • Numerosity
    • Predominance
    • Superiority
    • Typicality
  • Decertification
  • Settlements
  • Standing
  • Striking of Class Allegations

Courts/Jurisdiction
  • Federal District Courts
  • Federal Circuit Courts of Appeal
  • United States Supreme Court
  • State Courts

Monthly Archives

Recent Articles

  • MDL Court Denies Class Certification of Proposed “NAS Babies” Class
  • What’s Good for Trial Is Good for Class Certification: Fifth Circuit Rules That Daubert Applies at Class Certification Stage
  • One Game, One Stadium: Eleventh Circuit Spikes Collateral Challenge to Tampa Bay Buccaneers Proposed Class Action Settlement

Get Weekly Updates!

Carlton Fields

  • carltonfields.com
  • Practices
  • Industries
  • Class Action Survey

Related Industries/Practices

  • National Class Actions
  • National Trial Practice
  • Appellate & Trial Support
  • Our Class Action Experience

Classified: The Class Action Blog

  • All Topics
  • Contributors
  • About
  • Contact

Classified Logo
© 2014–2021 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · All Rights Reserved · Privacy Policy · Disclaimer

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions.