A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the District of Connecticut. Both of plaintiff’s asserted classes challenged Aveeno’s product labeling under the Connecticut Unfair Trade Practices Act (CUTPA) and the similar consumer protection laws of several other states and the District of ... Keep Reading »
Certification Class Action Articles
The latest class action developments and trends in certification, including news, key cases, and strategies.
Alleged Violations of Florida Building Code Not Subject to Class Treatment
Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private cause of action, but also provides a statutory defense for homebuilders where: (1) the homebuilder obtained any required building permits, and the appropriate agency approved the plans; (2) the project passed all inspections required under the Code; ... Keep Reading »
Veterans’ Claims Move to the Head of the Class
In an issue of first impression, the United States Court of Appeals for the Federal Circuit addressed whether the Court of Appeals for Veterans Claims (“Veterans Court”) has the authority to certify class actions. The case arose from the denial of a Vietnam War veteran’s administrative claim for disability benefits for service-connected post-traumatic stress disorder, diabetes, hypertension, and strokes. In early 2013, the Department of Veterans Affairs (“VA”) notified ... Keep Reading »
An Offer You Can Refuse
The Second Circuit Court of Appeals recently confronted (again) a situation where a defendant made an offer of judgment to the putative class representative to provide all of the relief available to the individual plaintiff. How does such an offer affect a putative class representative prior to class certification? May the putative class representative refuse the offer of judgment and avoid a determination of mootness? In particular, the defendant in this case served ... Keep Reading »
Pay Attention: A Class Certification Decision You Might Want To Remember
On March 16, 2017, the Southern District of California certified a class action against the manufacturer of gingko biloba and Costco Wholesale Corporation, the seller. Plaintiff alleged, on behalf of a putative class of California purchasers of TruNature Gingko, that the product does not provide any mental clarity, memory, or mental alertness benefits. Plaintiff’s claims were brought under California's unfair competition law and California's Consumer Legal Remedies ... Keep Reading »
Nigerian Natural Gas Drilling Rig Explosion Class Action Blown Away
The Northern District of California recently denied a motion for class certification in a case against Chevron Corporation connected to a 2012 explosion at a Nigerian natural gas drilling rig and the environmental impacts of that explosion. The case had an extensive procedural history which saw numerous amended complaints, a series of revisions revising the putative class down from over 65,000 Nigerians to a fraction of that number, and multiple extensions of discovery ... Keep Reading »
New York District Court Flushes Nationwide Class, Permits New York Classes to Go Forward
In three related actions before the Eastern District of New York, consumer plaintiffs who purchased moist toilet wipes manufactured and produced by Kimberly-Clark and sold by Costco alleged that defendants mislabeled the wipes as “flushable.” The court denied certification of a nationwide class, but did certify three New York class actions all involving New York law and New York purchases but different defendants and a different product. The court declined to certify ... Keep Reading »
Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts
The Middle District of Florida recently denied a plaintiff’s motion for class certification concerning claims that a collection agency illegally and intentionally sent collection correspondence to mortgagees whose debts already had been discharged in bankruptcy proceedings. The plaintiff alleged violations of state and federal consumer protection laws because the debt collector allegedly made continued and repeated communications to him directly — not his counsel — ... Keep Reading »
Third Circuit Affirms Denial of Class Certification Because Expert’s Exclusion of Relevant Data From Analysis of Classwide Antitrust Impact Precluded a Finding of Predominance
The Third Circuit affirmed an order denying class certification because the plaintiffs failed to provide sufficient evidence of classwide antitrust impact, and thus, could not satisfy Rule 23(b)(3)’s predominance requirement. The plaintiffs alleged a conspiracy among truck manufacturers and transmission suppliers to monopolize the heavy-duty truck transmission market, resulting in artificially inflated prices for Class 8 trucks. Specifically, the plaintiffs asserted that ... Keep Reading »
Noodle This! The Yin and Yang of Two Courts, Two Antitrust Cases, Two Class Certification Motions, Two Daubert Challenges, Two Opposite Results, One Day Apart
Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one court, the Daubert motions were denied and the classes were certified. In the other court, the expert evidence was excluded and the class certification requests were denied (and, indeed, two related classes were decertified). On January 19, 2017, ... Keep Reading »
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