Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based business-to-business lending platform. Creditsmarts used a third party, Westfax, to fax over 20,000 advertisements to independent car dealers during a 30-day period. Plaintiff City Select Auto Sales received one of these faxes and brought a putative ... 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.
Still Standing: Ninth Circuit Again Finds Standing in Spokeo Remand
The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010. The plaintiff initiated the lawsuit against Spokeo, which aggregates publicly available data about individuals on its website, alleging the company published inaccurate information about him, including his age, wealth, marital status, educational history, and profession. He claimed that this conduct violated the Fair Credit ... Keep Reading »
Eighth Circuit Reverses Sanctions on Lawyers that Settled Federal Court Class Action in State Court
Last year at this time, we posted about two recent orders from a federal judge in Arkansas that found Rule 11 violations and abuses of the judicial process by attorneys for both the plaintiffs and the defense. Specifically, the district court found that counsel for both plaintiffs and defendants violated Rule 11 when they stipulated to dismissal of a yet-uncertified class action “for the improper purpose of seeking a more favorable forum and avoiding an adverse ... Keep Reading »
Third Circuit Follows ANZ Securities Decision and Reverses for Dismissal of Exchange Act Claims as Untimely
On June 28, 2017, Bruce Berman and Steve Blickensderfer posted in this space about the Supreme Court’s recent decision in California Public Employees Retirement System v. ANZ Securities, Inc., 137 S. Ct. 2042 (2017). In that case, the Supreme Court held that American Pipe tolling does not apply to the federal securities laws' statutes of repose. On Aug. 2, 2017, the Third Circuit decided an appeal in which the same issue was implicated. Naturally, it followed the ANZ ... Keep Reading »
Eleventh Circuit Doesn’t Waffle on Enforceability of Arbitration Agreement
The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed his class action suit. The court found that the arbitration agreement included a valid delegation provision that evidenced the parties' intent to arbitrate all gateway issues of arbitrability. Accordingly, the court vacated the district court's ... Keep Reading »
Second Circuit Clarifies Ascertainability Rule, Rejecting “Heightened” Standard of Administrative Feasibility
The Second Circuit recently rejected the "heightened" ascertainability requirement under Rule 23(b)(3), turning aside a challenge to a district court's certification of a securities fraud class action. Instead, the court chose to follow the Sixth, Eighth, and Ninth Circuits by adopting an ascertainability standard that only requires "that a class be defined using objective criteria that establish a membership with definite boundaries." A district court certified two ... Keep Reading »
Are DC Federal Courts the Next Hotbed for Data Breach Class Actions?
We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In Attias v. CareFirst, the DC Circuit panel joined the Sixth, Seventh, and Ninth Circuits in finding that fear of future identity theft in the wake of a data breach satisfied the injury in fact requirement for standing under Article III of the United ... Keep Reading »
Ninth Circuit Holds ADA Certified Class Has Standing to Challenge Facilities Not Personally Visited by Plaintiff
Plaintiff, seeking declarative and injunctive relief, brought a putative class action alleging that the city and county of San Francisco failed to comply with certain requirements of the Americans with Disabilities Act, specifically alleging that many of San Francisco’s public rights-of-way, pools, libraries, parks, and recreation facilities were not readily accessible to and usable by mobility-impaired persons. Reversing in part the decision of the District Court for ... Keep Reading »
Next Stop the Supreme Court?: Circuit Court Extends American Pipe Tolling to Preserve Class Claims
The Ninth Circuit recently held that plaintiffs whose claims were tolled during the pendency of two class actions were not time-barred from bringing a third related putative class action when the first two classes were not certified. Plaintiffs alleged that the defendant, a Chinese holding company, along with its directors and managers, violated the Securities Exchange Act of 1934 by misstating revenue and income related to its subsidiaries’ purported fertilizer ... Keep Reading »
Ninth Circuit Expands American Pipe Tolling to Subsequent Securities Class Action by Unnamed Class Members, but Leaves Related Comity and Issue Preclusion Questions for Another Day
The Ninth Circuit in Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), revived the third successive putative shareholder class action against a fertilizer manufacturer after the district court dismissed this last case as untimely. By reversing the lower court’s holding that the case was time-barred, the Ninth Circuit expanded the American Pipe tolling rule (as further expanded by Crown Cork) to allow the individual claims of unnamed ... Keep Reading »
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