There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and scathing dissents. He was also the fifth conservative vote on a court that now finds itself divided, which has not only set off a bitter political fight regarding his replacement, but could have significant implications for litigants. Class ... Keep Reading »
Search Results for: rule 23
Southern District of California Diffuses Hairdryer Class
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 »
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 »
Questions About Delivery Drivers’ Employee/Independent Contractor Status Preclude Commonality and Predominance Findings
A New Jersey district court denied certification of a putative class of furniture delivery drivers and helpers employed by various transportation companies (the “Driver/Helpers”) and individuals who owned those transportation companies. The court held that individualized questions regarding whether the plaintiffs should be classified as employees or independent contractors precluded findings of commonality and predominance. The defendant, MXD, Inc., a company that ... Keep Reading »
Reverse Cycle! Eleventh Circuit Reverses “Smelly Washing Machine” Class Certification Due to Outmoded Standard
In the latest class action involving front-loading washing machines, the Eleventh Circuit reversed the certification of two statewide Texas and California classes of purchasers contending that the front door seal on early models of the appliances was defective and created a foul odor. In so ruling, the court bucked the trend of the Sixth and Seventh Circuits, which had affirmed certification of similar classes. See In re Whirlpool Corp. Front-Loading Washer Prods. Liab. ... Keep Reading »
Sample This! Tyson Employee Class Wins Significant but Narrow Supreme Court Victory
Tyson Foods lost its bid to overturn an almost $3 million class action judgment against it in a case brought by workers at an Iowa pork-processing factory who contended they did not receive overtime pay for time spent “donning and doffing” protective equipment. The Supreme Court affirmed the judgment in a 6-2 decision. Because Justice Kennedy (who wrote the decision) and Justice Roberts joined the majority, the loss of Justice Scalia had no apparent impact on the ... Keep Reading »
2015 Food Industry Decisions With Bite
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on cases pertaining to class certification, we have also included other cases relating to summary judgment decisions. Florida District Court Rejects Motion to Strike But Allows Pre-Certification Standing Challenge in Snack Food Labeling Case Bohlke v. Shearer’s Foods, LLC, No. ... Keep Reading »
Court Allows Class Member Self-Identification Where Employer Failed to Retain Records
The Northern District of California recently certified a class of employees in an action against an auto parts store for failure to reimburse expenses. Plaintiff alleged that the defendant required certain management-level employees—specifically, store managers, assistant store managers, and retail service specialists—to make daily bank deposits but did not reimburse them when they used personal vehicles to do so. Though the company had a standard policy regarding ... Keep Reading »
Don’t Tip Just Yet: Uber Taxi Class Gets Limited Certification
A federal judge in San Francisco recently certified a limited class in a lawsuit against Uber under the California Unfair Competition Law (UCL) and the California Consumers Legal Remedies Act (CLRA). The plaintiff sought to certify a class of all Uber customers who used a traditional taxi from April 2012 to March 2013. However, after examining the claims under Rule 23 and both the UCL and CLRA, the court certified a class consisting of only those customers who received ... Keep Reading »
Michigan District Court Holds TCPA “Junk Fax” Class Ascertainable, Certifies Class
The Eastern District of Michigan recently certified a class of plaintiffs suing under the Telephone Consumer Protection Act (TCPA), rejecting the defendants’ arguments that: (1) there would be “significant issues” identifying class members because the faxes at issue were sent nearly a decade ago; and (2) some putative class members may have had prior business relationships with the defendants and thus may have consented to receipt of the faxes. The defendants had hired a ... Keep Reading »
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