The Eastern District of Missouri certified an unusual class of lawyers and their clients who undertook a collective effort to litigate claims against Bayer related to the purported “contamination” of the U.S. rice supply by Bayer’s genetically modified rice. The defendants are law firms that allegedly benefitted from the work performed by the class in state and federal cases against Bayer. Bayer’s introduction of genetically modified rice into the U.S. domestic rice ... Keep Reading »
Predominance Class Action Articles
The latest class action developments and trends in predominance, including news, key cases, and strategies.
Eighth Circuit Affirms Denial of “Predominance” Class: The Long Arm of the Missouri Merchandising Practices Act Does Not Reach Wholly Out-of-State Conduct
In 2012, California resident Ronald Perras brought suit in federal district court against H&R Block and its affiliates (H&R), which are headquartered in Kansas City, Missouri. Perras alleged that H&R violated the Missouri Merchandising Practices Act (MMPA) by charging its customers compliance fees in excess of H&R’s actual cost of complying with new federal regulations. Perras sought to define a class of all persons in all states except Missouri who had ... Keep Reading »
Certification Unhealthy: Ninth Circuit Vacates Order Certifying Class of Dietary Supplement Purchasers
The Ninth Circuit vacated a class certification order issued by the Central District of California, finding that common issues did not predominate because plaintiff had failed to demonstrate that the alleged misrepresentation that formed the basis of her suit had been made to all putative class members. Plaintiff alleged that defendant, Supple LLC, violated California’s Unfair Competition Law, California’s False Advertising Law, and California’s Consumer Legal Remedies ... Keep Reading »
Single Plant Employment Discrimination Class Survives Dukes Challenge
A divided panel of the Fourth Circuit ruled that a South Carolina district court judge improperly applied Wal-Mart Stores, Inc. v. Dukes in decertifying disparate treatment and disparate impact claims challenging promotion decisions under federal discrimination statutes on behalf of black employees at a single plant. In 2009, prior to Dukes, the Fourth Circuit had previously ordered the district court to certify both disparate treatment and impact promotion classes ... Keep Reading »
Avon Calling: Employees Allege Overtime Exemption Misclassification
Avon categorizes all of its district service managers (DSMs) under the "administrative" exception of California law that requires employers to pay overtime wages. DSMs are the Avon employees who recruit and train the independent retail contractors Avon uses to sell its products to the consuming public. Plaintiffs – 19 former or current Avon DSMs – claimed Avon improperly treated them as exempt and sought to represent a Rule 23(b)(3) class. Relying on the California ... Keep Reading »
Court Declines to Certify Class Alleging Off-Label Marketing of Cancer Drug
Third party payors ("TPPs") responsible for paying the costs of prescriptions for their beneficiaries sued Cephalon, Inc., alleging that it engaged in unlawful off-label marketing of Actiq, a drug approved to manage breakthrough cancer pain in certain patients. Plaintiffs argued that Cephalon's conduct caused plaintiffs to make excessive off-label prescription payments for Actiq to treat conditions not approved by the FDA and for whom less expensive pain management drugs ... Keep Reading »
Predominance Lacking in Telephone Recording Case Involving Caller Consent
In a class action brought under a California penal statute that prohibits the intentional recording of telephone calls without the consent of all parties on the call, a California district court denied class certification on the grounds that common questions of fact do not predominate among the putative class members. Defendant, a construction materials supplier, received orders from its customers through a dedicated phone line. Prior to 2009, defendant utilized a ... Keep Reading »
Ninth Circuit Reverses Order Striking Class Allegations in Microsoft Xbox Case
The Ninth Circuit reversed an order striking class allegations against Microsoft reasoning that the Washington district court misapplied its precedent and thereby abused its discretion. Plaintiffs alleged that a design defect in Microsoft’s Xbox 360 video game console made it unable to withstand vibrations during normal game playing conditions and caused game discs to become scratched and unplayable. Microsoft countered that the majority of Xbox units do not manifest the ... Keep Reading »
Running on Empty: Defective Gas Class Sputters in Louisiana District Court
The Middle District of Louisiana denied certification of a putative class bringing claims for redhibition and unjust enrichment against Exxon Mobil Corporation ("Exxon"). Plaintiffs allegedly purchased gasoline refined at Exxon’s Baton Rouge terminal that Exxon conceded contained a resin accidentally introduced during the refining process. The parties disputed whether the resin fully combusted during normal engine operations or remained in the engine causing damage and ... Keep Reading »
GCs facing more bet-the-company and higher exposure class actions
Across industries, companies spent $2 billion on class action lawsuits in 2014, slightly less than the $2.1 billion they spent in 2013. This year, spending is expected to return to 2013 levels. Companies’ class action dockets increased on average by one new case in 2014, bringing the average number of class actions managed to five. This total is expected to remain constant in 2015, as the number of new matters is likely to be offset by those resolved. As before, ... Keep Reading »
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