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. Plaintiffs filed ... Keep Reading »
Superiority Class Action Articles
The latest class action developments and trends in superiority, including news, key cases, and strategies.
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 »
Objectively Non-Flushable? The Northern District of California Certifies Consumer Class Regarding Charmin Freshmates
Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of California consumers who purchased Charmin/Proctor & Gamble’s “Freshmates” brand of “flushable” bathroom wet-wipes between April 6, 2011, and August 3, 2017. The class claims centered on the allegation that Freshmates were not “flushable” as advertised ... Keep Reading »
A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class
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 »
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 »
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 »
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 »
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 »