The Northern District of Illinois recently granted defendant American Airlines’ motion to strike class allegations in a passenger’s breach of contract suit brought after American cancelled plaintiff’s flight reservation when he attempted to check in less than an hour before the scheduled departure time. The court found it was clear from the pleadings that plaintiff’s proposed nationwide class could not meet the predominance requirement of Rule 23(b)(3). In particular, ... 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.
Enough is Enough: The Limits of Invoking Rule 23(c)(1)(C)
On September 4, Judge Rogers of the Northern District of California granted defendants’ motion to strike plaintiffs’ second renewed motion for class certification. The motion was filed by indirect purchaser plaintiffs in this lithium ion batteries antitrust litigation. The “second renewed motion,” which was in fact a third motion for class certification, cited Rule 23(c)(1)(C) as authority. Plaintiffs did not seek leave to file this third motion. In striking the ... Keep Reading »
Class Certification Denied in ‘Junk Fax’ Case in Electronic Age
On September 5, Judge Dlott (Southern District of Ohio) denied plaintiff’s motion for class certification in a case involving the “junk fax” provision of the Telephone Consumer Protection Act of 1991. Perhaps perplexed that such cases still arise, the district court explained that, “[a]lthough it seems odd that the problem persists in the electronic age, the ‘junk fax’ provision attempts to curb the inundation of unwanted faxes.” In this case, there was no dispute that ... Keep Reading »
Defense Victories in Genetic and Biometric Privacy Class Actions
In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic and biometric data. In a rare defense victory in a circuit favored by the plaintiff’s bar, a Ninth Circuit panel affirmed a decision by the United States District Court for the District of Alaska denying plaintiff’s motion for certification of claims under Alaska’s ... Keep Reading »
Must a Plaintiff Representing Unnamed Parties Under California’s Private Attorney General Act Comply with Rule 23’s Requirements?
Must a plaintiff who brings an action under California’s Private Attorney General Act (PAGA) comply with Rule 23’s requirements? Although the Ninth Circuit has not addressed the issue, one California federal district court recently weighed in, reiterating the California Supreme Court’s 2014 decision in Iskanian v. CLS Transp. Los Angeles, LLC that a PAGA action is different than a class action and more akin to a qui tam suit. Plaintiff, a Costco employee, filed suit ... Keep Reading »
Despite Second Shot at Ascertainability Post-Petrobras, Renewed Motion to Certify Falls Flat on Predominance Grounds
Royal Park, an investment company, recently suffered its second defeat in its attempt to certify a class action against Deutsche Bank regarding bond-like instruments collateralized by mortgages held in trusts entitling instrument-holders to the mortgages’ cash flow for various contractual and common law claims. The Southern District of New York denied Royal Park’s first motion to certify on the grounds the proposed class was insufficiently ascertainable, finding it was ... Keep Reading »
DC Court Weighs Whether Bristol-Myers Squibb Applies to Class Actions in Whole Foods Case
The District of Columbia district court added to the growing collection of orders opining on whether and to what extent the Supreme Court’s decision in Bristol-Myers Squibb applies to class actions. This case involved a putative class of employees suing Whole Foods in an attempt to recover wages pursuant to the upscale grocer’s “Gainsharing” bonus program. The program seeks to incentivize departments in individual stores to perform under budget by distributing budget ... Keep Reading »
No Celebration For Yahoo!: Data Breach Claims Survive Motion to Dismiss
After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants failed to use appropriate safeguards to protect users’ personal information despite their representations that such information was secure. The breaches included a 2013 hack allegedly due to outdated encryption technology, which affected all three ... Keep Reading »
Student-Athletes Score Partial Win on Challenge to NCAA’s Scholarship Caps
A nationwide class action currently consolidated in multidistrict litigation filed by current and former student-athletes received a boost from a ruling on the parties’ cross motions for summary judgment. The athletes, from men’s Division I Football Bowl Subdivision and men’s and women’s Division I basketball, allege that the NCAA violated federal antitrust law by “conspiring to impose an artificial ceiling on the scholarships and benefits that student-athletes may ... Keep Reading »
Sorry, But Your Credit Card (Class Action) Has Been Declined
The Eastern District of New York recently declined to certify a putative class action filed by merchants against the four major credit card providers alleging antitrust violations. The complaint alleges that MasterCard, Visa, Discover, and American Express (“Amex”) conspired by adopting the same liability policy for fraudulent charges with chip-enabled credit cards by shifting liability from banks to merchants and implementing the policy on the same day to reduce ... Keep Reading »
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