The Sixth Circuit recently addressed whether a novel negotiation class could be certified to facilitate possible future settlement negotiations in multidistrict litigation (MDL). The Sixth Circuit's decision arises from the opioid MDL in the Northern District of Ohio, on which we previously reported. In June 2019, 51 of the plaintiff cities and counties moved to certify a "negotiation class" under Federal Rule of Civil Procedure 23(b)(3). The plaintiffs sought to ... Keep Reading »
Predominance Class Action Articles
The latest class action developments and trends in predominance, 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 »
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 »
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 »
Belch! Ocean Spray Price Premium Damages Model Passes Comcast Scrutiny
The Southern District of California certified a food labeling class against Ocean Spray Cranberries Inc. based in part upon a price premium damages model developed by an aptly named Dr. Belch. The plaintiff, a self-proclaimed "health coach" and "label guru," alleged Ocean Spray misrepresented that many of its juice products contained no artificial flavors when in fact they contained malic and fumaric acids, synthetic chemicals that simulate the advertised flavors. She ... Keep Reading »
No Injury, No Problem?: The First Circuit Weighs in on Certification Where Absent Class Members Lack Harm
In Tyson Foods, the Supreme Court declined to resolve the issue of whether a class may be certified if it contains members who were not injured and have no legal right to damages. Dealing with this increasingly common issue in class action litigation, the First Circuit recently summarized circuit precedent on the issue — and ultimately reversed a district court decision certifying a class that contained class members who had not suffered any injury. The plaintiffs filed ... Keep Reading »
Class Certification Denied in ‘Junk Fax’ Case in Electronic Age
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 »
No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case
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
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 »
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