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 »
Federal District Courts Class Action Articles
The latest class action developments and trends in Federal District Courts, including news, key cases, and strategies.
A Tale of Two Orders: Different Results for Motions to Strike Class Allegations
The Southern District of California and the Northern District of Illinois recently entered orders addressing motions to strike class allegations—with very different results for the respective defendants. Although the claims and facts at issue in each case may warrant the different results, a contrast in approaches is evident. In Kim v. Shellpoint Partners, LLC, No. 15CV611-LAB (BLM), 2016 WL 1241541 (S.D. Cal. Mar. 30, 2016), the Southern District of California ... Keep Reading »
For Want of a Damages Model, Certification Was Lost
Khasin v. R. C. Bigelow, Inc., No. 12-CV-02204-WHO, 2016 WL 1213767 (N.D. Cal. Mar. 29, 2016), provides a recent example of a class-certification denial premised on the “damages model” rule expressed in Comcast Corp. v. Behrend, 133 S.Ct. 1426, 1433 (2013). As the Northern District of California expressed it: “To satisfy Rule 23(b)(3)’s predominance requirement, a plaintiff must demonstrate that ‘damages are capable of measurement on a classwide basis….’ At class ... Keep Reading »
Court Holds Notice of Removal Filed 128 Days After Service of Complaint Was Timely Under CAFA
The U.S. District Court for the District of New Jersey denied plaintiffs’ motion to remand, holding that defendants’ notice of removal, filed 128 days after service of the complaint, was timely because neither the complaint nor plaintiffs’ briefing on defendant’s motion to dismiss triggered the 30-day time period for removal under the Class Action Fairness Act (CAFA). In doing so, the court concluded that, where plaintiffs’ complaint and other litigation documents did ... Keep Reading »
Will Tender of Full Amount of Named Plaintiff’s Claim Moot a TCPA Class Action?
In Campbell-Ewald Co. v Gomez, 136 S.Ct. 663 (2016), the Supreme Court held that Rule 68 offers of judgment to a class representative do not moot a class action. See https://classifiedclassaction.com/supreme-court-rules-unaccepted-rule-68-offer-judgment-cannot-moot-class-action/. The Supreme Court left open the possibility that an actual tender of the full amount of plaintiff’s claim, evidencing an intent to pay – as opposed to a mere contract offer, would moot the ... Keep Reading »
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 »
Seventh Circuit Weighs In On One-Way Intervention
Does plaintiff’s contemporaneous filing of a motion for summary judgment and a motion for class certification violate the rule against one-way intervention? In Costello, plaintiff filed his motions for summary judgment and class certification contemporaneously. The lower court first denied class certification and then granted the motion for summary judgment. On appeal, the Seventh Circuit found that the rule against one-way intervention was not violated. The court, ... Keep Reading »
Limits of Ascertainability Reached in Class Allegations Against Equifax
Plaintiff, hoping to recover from Equifax for issuing a credit report with "incorrect and damaging information," sought to represent a class of "all persons who disputed an Equifax credit report and where Equifax failed to apply the proper and appropriate [Fair Credit Reporting Act, (“FCRA”)] procedures." On defendant's motion to strike these class allegations, the federal district court in New Jersey said, "this Court would never grant a motion for class certification ... Keep Reading »
No Party for IRS: Court Certifies Class of Conservative Nonprofits
If you thought that the political controversy over alleged IRS targeting of Tea Party organizations was confined to the media, think again – the issue has reached the courts. The Southern District of Ohio recently granted class certification in a lawsuit brought by organizations alleging they were targeted by the IRS. Plaintiff groups, which applied for exemption from federal taxes under 26 U.S.C. §§ 501(c)(3) and 501(c)(4), claim that the IRS improperly flagged their ... Keep Reading »
Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016, Passes House and Heads to Senate
On January 8, the U.S. House of Representatives passed, by a 211-188 vote along party lines, H.R. 1927, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016. The bill would amend U.S. Code, title 28, to preclude federal courts from certifying “any proposed class seeking monetary relief for personal injury or economic loss unless the party seeking to maintain such a class action affirmatively demonstrates that each proposed class ... Keep Reading »
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