In Pazol v. Tough Mudder Inc., No. 15-1640, --- F.3d ----, 2016 WL 1638045 (1st Cir. Apr. 26, 2016), the First Circuit analyzed the “reasonable probability” standard that a defendant must satisfy to support CAFA’s $5 million amount-in-controversy removal requirement. See 28 U.S.C. § 1332(d)(2). The putative class action began in Massachusetts state court and stemmed from a decision by the defendant, a promoter of a series of nationwide “obstacle course” races, to move ... 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.
2016 Carlton Fields Class Action Survey Reveals Important Trends in Class Action Management
The fifth annual edition of the Carlton Fields Class Action Survey has just been released, and in this year’s survey corporate counsel report that class action spending has increased after four consecutive years of decline. Spending is also projected to increase in 2016. This marks a key turning point. The Numbers Across industries, the companies surveyed report that they spent $2.1 billion on class action lawsuits in 2015. The number of companies facing at least one ... Keep Reading »
Ninth Circuit: Common Issues Do Not Predominate in Mortgage Borrowers’ Action
The Ninth Circuit affirmed an order denying class certification in a case involving allegations that a mortgage servicer wronged borrowers through its implementation of the federal Home Affordable Modification Program (HAMP). The Ninth Circuit held that the district court did not abuse its discretion in denying certification on the basis that individual issues predominated over common ones. Plaintiffs sought certification of eight statewide classes of individual ... Keep Reading »
Supreme Court Won’t Resolve Multi-Circuit Split on Ascertainability Requirement
On February 29, the U.S. Supreme Court denied certiorari review in Mullins v. Direct Digital, LLC, No. 15-1776, an ascertainability case we previously covered when it was decided in the Seventh Circuit. In Mullins, a panel of the Seventh Circuit expressly split from decisions in the Third and Eleventh Circuits and held that a class plaintiff is not required to demonstrate the “administrative feasibility” of ascertaining a class. Instead, the panel applied a weaker ... Keep Reading »
Move Along; Nothing to See in Ninth Circuit’s TCPA Opinion
On February 3, the United States Court of Appeals for the Ninth Circuit issued a decision affirming summary judgment in favor of the defendant on a Telephone Consumer Protection Act (TCPA) claim in Baird v. Sabre, Inc., ---F.App’x,---, 2016 WL 424778 (9th Cir. Feb. 3, 2016). The short opinion was designated by the panel as unpublished. Nonetheless, because of the relative paucity of published circuit court decisions on highly specific TCPA issues, district courts ... Keep Reading »
Data Breach Class Actions: 2015 Year in Review and 2016 Preview
As 2015 draws to a close, questions over standing in data breach class actions remain. Earlier this year, the Seventh Circuit denied retailer Neiman Marcus’s petition for rehearing en banc of a panel opinion holding that plaintiffs whose credit card information was stolen in a data breach had standing to sue under Article III of the United States Constitution based on alleged fear of future identity theft; in so doing, the Seventh Circuit confirmed that the circuit split ... Keep Reading »
Arbitration Awards Prove an Obstacle to Class Claims
Two recent decisions illustrate the impact arbitration provisions can have on the availability of classwide relief. In Kaspers v. Comcast Corp., plaintiff, a Comcast customer, refused to pay for certain billed services and had his debt referred to a collection agency. Plaintiff submitted the dispute to the American Arbitration Association (AAA) pursuant to a contractual arbitration provision. When the AAA refused to arbitrate due to an alleged defect in the ... Keep Reading »
No Cash Compensation for Class of Amateur Student Athletes
In a class action brought under the Sherman Antitrust Act, the Ninth Circuit Court of Appeals held that the NCAA eligibility regulations are subject to antitrust scrutiny. Applying the so-called Rule of Reason, the court held that the longstanding NCAA rule that prohibits colleges from providing the cost of attendance to athletes is “more restrictive than necessary to maintain [the] tradition of amateurism” and therefore violates the Antitrust Act. However, reversing the ... Keep Reading »
Ninth Circuit Holds District Court Erred In Denying Certification To Class Of Google Advertisers
A Ninth Circuit panel reversed a district court’s order denying certification of a putative nationwide class of internet advertisers, holding that the district court erred in finding that plaintiff failed to satisfy Rule 23(b)(3)’s predominance requirement. Plaintiff’s class action complaint alleged that Google violated California’s Unfair Competition Law and Fair Advertising Law by failing to disclose that some of Google’s AdWords ads would appear on parked domains and ... Keep Reading »
Circuit Split on Standing in Data Breach Class Actions Survives Clapper
On September 17, the Seventh Circuit Court of Appeals denied a retailer’s petition for rehearing en banc of a three-judge panel opinion holding that plaintiffs whose credit card information was stolen in a data breach had standing to sue under Article III of the United States Constitution based on alleged fear of future identity theft. As we previously reported, the litigation arose from a cyberattack on luxury retailer Neiman Marcus over the 2013 holiday shopping season ... Keep Reading »
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