The Third Circuit Court of Appeals recently issued a decision regarding the fee award in the National Football League concussion injury litigation. The decision is non-precedential but still instructive. One takeaway is that appellate courts will show “considerable deference” to district court fee awards. The other takeaway, however, is that district courts still must provide enough of an explanation for appellate courts to meaningfully review the award. When they do ... Keep Reading »
Federal Circuit Courts of Appeal Class Action Articles
The latest class action developments and trends in Federal Circuit Courts of Appeal, including news, key cases, and strategies.
CAFA: Ninth Circuit Affirms District Court’s Sua Sponte Invocation and Application of Discretionary Home State Exception
On May 13, 2020, the Ninth Circuit Court of Appeals affirmed the remand of a wage and hour class action lawsuit filed in California state court based on the home state exception to the Class Action Fairness Act (CAFA). In its opinion affirming the remand, the Ninth Circuit explored both parts of the home state exception. Defendant West Marine removed the lawsuit to federal court under CAFA. There was no dispute that West Marine’s CAFA removal satisfied the statutory ... Keep Reading »
More Alike Than Different: Sixth Circuit Instructs MDL Court to Find Efficiencies Within Federal Rules Governing Individual Cases
Judges presiding over multidistrict litigations, known as MDLs, must walk a tightrope between individual and collective needs. As the Sixth Circuit reminded us in a recent decision, In re National Prescription Opiate Litigation, this can be an especially challenging balancing act for a district judge. On the one hand, MDL courts operate within the Federal Rules of Civil Procedure, designed largely to adjudicate individual cases. On the other hand, an MDL exists so that ... Keep Reading »
Amid COVID-19 Pandemic, LA Fitness Customers Exercise to Work Out Their Monthly Fees
As Americans face drastic changes to their daily routines due to the coronavirus, a South Florida plaintiff has brought a class action lawsuit against LA Fitness, alleging counts of unjust enrichment and negligence for LA Fitness’ alleged refusal to refund its members’ monthly fees. In his complaint, Kip Barnett alleges that, at the beginning of March, he paid his LA Fitness membership fee. Due to the coronavirus, however, on March 16, LA Fitness closed its facilities ... Keep Reading »
Reporting for Work
Does reporting for work require physically showing up at the place ready to work? The Ninth Circuit just confronted this issue. It decided that California’s Wage Order No. 7-2001 does not require an employee to report to work in person in order to qualify for reporting time pay. No physical presence is required. Although this case does not directly implicate the variety of remote and virtual work arrangements that have been instituted in light of the current public ... Keep Reading »
Eleventh Circuit Takes Life Insurance Reinstatement Claims at Face Value for CAFA Amount-In-Controversy Purposes
The Eleventh Circuit recently examined the application of the $5 million amount-in-controversy requirement under the Class Action Fairness Act (CAFA) to disputes over life insurance premiums and policies. It concluded that the face value of a surrendered or lapsed life insurance policy constitutes the amount placed in controversy when the plaintiff requests reinstatement of the policy as equitable relief for asserted claims. In Anderson v. Wilco Life Insurance Co., ... Keep Reading »
No Speaking? No Standing!
On November 15, the Eleventh Circuit decided Cordoba v. DirecTV, LLC, further exploring the issue of when class actions achieve Article III standing. The plaintiffs alleged that DirecTV and the company with which it contracted for telemarketing services, Telecel Marketing Solutions Inc., violated the FCC regulation that requires telemarketers to maintain an internal do not call list. The class consisted of people who allegedly were repeatedly contacted despite informing ... 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 »
Seventh Circuit Snapshots Hole in Groupon’s Notice of Removal of Instagram User Suit
The Seventh Circuit remanded an Instagram user's appeal after the court found that Groupon's notice of removal did not allege the citizenship of any diverse member of the putative class. The decision highlights the importance of actually alleging the minimal diversity requirement for removal under the Class Action Fairness Act (CAFA). The plaintiff, Christine Dancel, obtained permission under Federal Rule of Civil Procedure 23(f) to appeal the lower court's denial of ... Keep Reading »
Life May Not Be Fair, But Arizona Cannot Find Out Without Standing
The Sixth Circuit recently held that Arizona lacked standing to intervene in, and object to, a nationwide class settlement at the settlement fairness hearing. The underlying case involved Tristar Products' defective pressure cookers. The district court had certified three state classes for trial - Ohio, Pennsylvania, and Colorado - but after the first day of trial, the parties entered into a nationwide class settlement. The settlement allowed class members to receive a ... Keep Reading »
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