In a class action involving claims of uncompensated, pre-shift off-the-clock work, a California federal magistrate denied plaintiffs’ motion for a protective order to prevent defendants from taking 196 depositions of absent class members as a part of a post-certification “pilot study” designed to determine the variability in liability among the class members. The certified class consisted of approximately 25,000 member employees. To establish liability, 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.
Court Grants Motion to Strike Class Allegations
In granting a recent motion to strike class allegations, the Northern District of Illinois made two notable observations about such motions: first, they are not disfavored, but rather an appropriate device for determining whether a class action can proceed; and second, that in analyzing the putative class for conflicts, the court is not limited to the face of the complaint. In the case, plaintiff brought a putative class action alleging her employer withheld actual ... Keep Reading »
Pennsylvania District Court Denies Terminated Insurance Agents’ Bid for Certification
The Eastern District of Pennsylvania denied plaintiffs’ motion to certify certain issues under Rule 23(c)(4) and 23(b)(2), holding that the presence of numerous individualized questions, choice-of-law concerns, and other inefficiencies in the putative class litigation made certification inappropriate. Allstate had terminated over 6,200 agents, 90% of whom happened to be over the age of 40, offering four different severance options to the terminated agents. Three of the ... Keep Reading »
Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury For Either Direct Or Indirect Purchasers Of Optical Disk Drives
A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable methodology for establishing class-wide antitrust injury. The plaintiffs alleged that the defendants colluded to fix prices for ODDs, thereby preventing ODD prices from declining as quickly or as far as they would have absent the defendants’ anticompetitive ... Keep Reading »
California District Court Certifies “Not Inherently Unascertainable” Consumer Class
In addition to the explicit Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy of representation, an implied prerequisite to certification is that the class must be sufficiently definite: that is, the party seeking certification must demonstrate that an identifiable and ascertainable class exists. A class is ascertainable if it is defined by objective criteria and is sufficiently definite so that it is administratively feasible to determine ... Keep Reading »
American Pipe Tolling Inapplicable In Texas Negligent Misstatement Case
The Southern District of Texas found that negligent misstatement claims filed more than two years after the last alleged misstatement were time-barred and that the applicable statute of limitations was not tolled under American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974). The Plaintiffs, private investment funds, alleged that the Defendants, BP oil affiliates, directors and officers, made misrepresentations regarding: (i) the extent of BP’s commitment to a ... Keep Reading »
Northern District of California Grants Certification of Antitrust Class in 15 of 16 Jurisdictions Pursuant to Dukes and Comcast; Declines to Certify One Class Due to Lack of Class Representative
In a recent case in the United States District Court for the Northern District of California, plaintiffs brought a putative class action against various defendants involved in milk production, alleging they violated the antitrust laws of fifteen states and Washington, D.C. by engaging in a conspiracy to limit the production and increase the price of raw milk. Plaintiffs sought class certification in each of the sixteen jurisdictions; the Northern District granted the ... Keep Reading »
District Court Certifies TCPA Class Over Objections to Adequacy of Named Plaintiff and Individualized Issues of Consent
A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleged that the defendant, a collection agency, repeatedly called his cell phone using an automated dialing system without his consent, including after being told that he was not the party defendant was trying to reach and after plaintiff had asked to be put on a “do not call” list. Plaintiff ... Keep Reading »
District Court Certifies Class Challenging ERISA Plan Amendment
The Eastern District of Michigan has certified a class of ERISA plan participants challenging an amendment which, in attempt to address the plan’s underfunded status, reduced their monthly disability payments. The Court certified a class of recipients of disability retirement benefits under the plan, rejecting challenges to numerosity, adequacy, and commonality. Under the numerosity analysis, the Court did not agree with defendants that joinder was practicable simply ... Keep Reading »
Pennsylvania District Court Certifies Class Despite Defendant’s Attempt To “Pick-Off” Class Representatives
A group of registered nurses formerly employed by the Department of Veterans Affairs sued the United States Office of Personnel Management (“OPM”) in a putative class action seeking declaratory and injunctive relief in connection with a recalculation of their retirement annuities that OPM was obligated to perform under the retroactive application of the Veterans Affairs Health Care Programs Enhancement Act (the “Enhancement Act”). Plaintiffs promptly moved to certify a ... Keep Reading »
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