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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.

Reporting for Work

March 24, 2020 by Joseph H. Lang, Jr.

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

January 8, 2020 by Darnesha Carter and D. Matthew Allen

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!

December 3, 2019 by Dimitrije Canic

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

November 13, 2019 by Darnesha Carter and D. Matthew Allen

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

October 25, 2019 by Gary M. Pappas and Raina T. Shipman

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

October 22, 2019 by Gary M. Pappas and Michael G. Zilber

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 »

Ninth Circuit Affirms Certification of Class Alleging Biometric Privacy Violations

September 16, 2019 by Nathaniel G. Foell and D. Matthew Allen

The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of California certified a class of Facebook users residing in Illinois who alleged that the social media giant violated the Illinois Biometric Information Privacy Act (BIPA) by using facial-recognition technology "without obtaining a written release and ... Keep Reading »

Fifth Circuit Bars Notice of FLSA Collective Actions to Arbitration-Bound Employees

July 19, 2019 by D. Matthew Allen and Cathleen Bell Bremmer

The Fifth Circuit recently became the first federal court of appeals to hold that employees who signed arbitration agreements should not receive notice of collective actions. This case of first impression among the courts of appeal could serve as a powerful tool for employers combatting collective actions under the Fair Labor Standards Act (FLSA). Accordingly, we think the decision is deserving of more detailed analysis than a mere summary. A Splintered Approach In ... Keep Reading »

Third Circuit Finds Class Members’ Cash Advance Agreements May Fall Short of a True Assignment

May 21, 2019 by Eric D. Coleman

On April 26, 2019, the Third Circuit Court of Appeals reversed in part and affirmed in part a district court order purporting to void cash advance agreements entered into by and between class members and litigation funding companies in In re National Football League Players' Concussion Injury Litigation. Following settlement of the underlying litigation, hundreds of class members entered into cash advance agreements with various litigation funding companies, including ... Keep Reading »

A Unicorn Sighting? Fourth Circuit Affirms Certification of Defendant Class

May 20, 2019 by D. Matthew Allen and Nathaniel G. Foell

Bell v. Brockett is an unusual case in several respects. Most notably, the Fourth Circuit affirmed certification of a defendant class, despite acknowledging that defendant class actions are "so rare they have been compared to unicorns." The court not only acknowledged the rarity of defendant class actions but also commented on their "inherent risks." Indeed, in a delightful footnote the court explained that although both unicorns and defendant class actions are rare, the ... Keep Reading »

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