Yet another court has found that an unaccepted Rule 68 Offer of Judgment will not moot a putative class action, even where the offer purports to satisfy all of plaintiff’s demands. Plaintiffs sued in the Eastern District of Missouri and proposed to represent a class of at least 60 former joint venture general managers of Panera Bread Company whose buyout payments from Panera were allegedly capped at an amount lower than that to which they contractually agreed. Plaintiffs ... 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.
California District Court Holds Class Action Alleging Securities Act Claims Not Removable Under SLUSA
The United States District Court for the Northern District of California recently clarified the criteria for removal of a securities class action filed in state court under the Securities Act of 1933, 15 U.S.C. §§ 77a, et seq. (the “Securities Act”). Under the Securities Act’s anti-removal provision, state and federal courts generally have concurrent jurisdiction over Securities Act claims, but a Securities Act claim initially filed in state court cannot be removed to ... Keep Reading »
Northern District of Texas Won’t Certify Class of GM Employees Alleging Religious Accommodation Claims
The U.S. District Court for the Northern District of Texas refused certify a class of GM employees alleging Title VII religious accommodation claims because the class was not ascertainable and plaintiffs failed to satisfy the numerosity and commonality requirements of Rule 23(a). Plaintiffs are members of different religious groups that observe certain holy days on which members are prevented from working and accepting compensation. They alleged that GM failed to ... Keep Reading »
Defects More Than Cosmetic: Beauty Product Purchasers Fail to Satisfy Rule 23
The Southern District of New York recently denied class certification in a consolidated putative class action against a cosmetics company for breach of contract, false advertising, unfair competition, deceptive acts and practices, and other violations of state law. Plaintiffs alleged the company made false claims regarding its anti-aging products and sought to certify multiple classes of purchases, nationwide and in two states, with additional subclasses based on whether ... Keep Reading »
How to Handle Claims Brought by a Class Representative Under Laws of a Different State: Lessons from the Northern District of California
Arroyo v. TP-Link USA Corporation (N.D. Cal.) presents a varied opinion on the viability of class claims under California law, particularly as brought by a non-California class representative. Plaintiff, a Florida resident, alleged that defendants made false and misleading statements about the speed and capabilities of their network adapters. Plaintiff brought claims on behalf of a putative class under California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et ... Keep Reading »
Still a Target: Court Certifies Bank Class Claims Against Retailer Following Data Breach
Although Target has tentatively settled consumer data breach class action claims, the retailer remains in the crosshairs of the plaintiffs’ class action bar. On September 15, a Minnesota federal district court certified a class of: “[a]ll entities in the United States and its Territories that issued payment cards compromised in the payment card data breach that was publicly disclosed by Target on December 19, 2013.” Rejecting the Minnesota-based retailer’s argument that ... Keep Reading »
New York Court Conditionally Certifies Class of Entry-Level Female Sales Representatives in Collective Action Under Equal Pay Act
A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act. The court found that the named plaintiffs had made a sufficient showing that they and the potential opt-ins plaintiffs “together were victims of a common policy or plan that violated the law.” Eleven named plaintiffs initially filed their lawsuit in ... Keep Reading »
California District Court Finds CAFA’s Amount-in-Controversy Requirement Satisfied and No Local Controversy Alleged; Denies Motion to Remand
The Southern District of California denied a plaintiff’s motion to remand a putative class action removed pursuant to the Class Action Fairness Act (CAFA), where the plaintiff had alleged that the primary defendant’s product, Chobani yogurt, had become “the best-selling brand of Greek yogurt in the United States”; had annual revenues estimated at $1 billion in 2012; and had “collected tens of millions of dollars” in California alone (as the result of allegedly deceptive ... Keep Reading »
Internet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class Claims Against AARP
The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information about its users. The plaintiff alleged that AARP and its subsidiary AARP Services, Inc. (collectively, “AARP”), which advocate for individuals over the age of 50, breached their privacy policy by representing to users that certain third parties might ... Keep Reading »
Western District of Missouri Declines to Deliver Certification in Class Action Based on Alleged Newspaper Subscription Overcharges
The Western District of Missouri denied class certification in an action alleging three regional newspapers—the Kansas City Star, the Fort Worth Star Telegram, and the Belleville News-Democrat—unlawfully double billed some of their subscribers by shortening the length of their subscriptions. The named plaintiffs, subscribers to the Kansas City Star only, alleged that without providing proper notice, the newspapers deducted additional charges for special or premium ... Keep Reading »
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