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 »
Predominance Class Action Articles
The latest class action developments and trends in predominance, including news, key cases, and strategies.
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 »
Ascertainability and Predominance Foil Certification of Spyware Invasion of Privacy Class
A Georgia district court denied certification of a multi-state common law invasion of privacy class in which plaintiff sought damages and an injunction against the lessor of computers allegedly containing unauthorized spyware. The court held that the class members could not be ascertained in an objective and administratively feasible manner. The court also held that common issues did not predominate over individual issues with regard to numerous variations in applicable ... Keep Reading »
TCPA Class Certified Based Largely on “Concrete Injury” Determination
Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established for statutory purposes – there has been a debate as to what constitutes Article III “concrete injury” under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227. With certain exceptions, the TCPA creates a statutory cause of ... Keep Reading »
Ninth Circuit Affirms Certification of “No Injury” Wage and Hour Class
On August 31, the Ninth Circuit continued its trend of certifying “no injury” classes, this time in the context of an Agricultural Workers’ Protection Act claim that a Washington state fruit and vegetable farm violated the statute by hiring foreign workers to fill temporary agricultural jobs without informing domestic workers of the availability of the work. The district court certified an “inaccurate information” class and an “equal pay” class. The Ninth Circuit ... Keep Reading »
SCOTUS Denies Review Regarding Pennsylvania Wal-Mart “Rest Break” Class Judgment
On April 4, the United States Supreme Court denied certiorari review of a $188 million class-action judgment returned against Wal-Mart in Pennsylvania state court and later upheld by the Pennsylvania Supreme Court regarding claimed “rest break” and “meal break” violations. Only six plaintiffs testified on behalf of the class, and the plaintiffs’ experts used extrapolated evidence to calculate the total damages sustained (rather than actually determining the total damages ... Keep Reading »
Southern District of California Diffuses Hairdryer Class
The Southern District of California decertified a nationwide consumer product class due to material differences between the state laws applicable to the claims. The plaintiff in Czuchaj v. Conair Corp. alleged a defect in certain Conair brand hairdryers. The district court certified a nationwide class under Rule 23(b)(2) and (b)(3) for implied warranty claims under the common law and the Magnuson Moss Warranty Act. The class was defined as: All persons who purchased ... Keep Reading »
For Want of a Damages Model, Certification Was Lost
Khasin v. R. C. Bigelow, Inc., No. 12-CV-02204-WHO, 2016 WL 1213767 (N.D. Cal. Mar. 29, 2016), provides a recent example of a class-certification denial premised on the “damages model” rule expressed in Comcast Corp. v. Behrend, 133 S.Ct. 1426, 1433 (2013). As the Northern District of California expressed it: “To satisfy Rule 23(b)(3)’s predominance requirement, a plaintiff must demonstrate that ‘damages are capable of measurement on a classwide basis….’ At class ... Keep Reading »
Questions About Delivery Drivers’ Employee/Independent Contractor Status Preclude Commonality and Predominance Findings
A New Jersey district court denied certification of a putative class of furniture delivery drivers and helpers employed by various transportation companies (the “Driver/Helpers”) and individuals who owned those transportation companies. The court held that individualized questions regarding whether the plaintiffs should be classified as employees or independent contractors precluded findings of commonality and predominance. The defendant, MXD, Inc., a company that ... Keep Reading »
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