The Central District of California denied certification of a class that otherwise met the requirements of Rule 23 because the damages model proposed by plaintiff’s expert did not establish a reliable method for calculating classwide damages. Plaintiff sought to certify a class of purchasers of Fuhu’s “Nabi” line of rechargeable tablets for children. Plaintiff claimed that the tablets’ charging capabilities were defective and that Fuhu misrepresented the tablets’ ... Keep Reading »
Search Results for: rule 23
Data Breach Class Actions: 2015 Year in Review and 2016 Preview
As 2015 draws to a close, questions over standing in data breach class actions remain. Earlier this year, the Seventh Circuit denied retailer Neiman Marcus’s petition for rehearing en banc of a panel opinion holding that plaintiffs whose credit card information was stolen in a data breach had standing to sue under Article III of the United States Constitution based on alleged fear of future identity theft; in so doing, the Seventh Circuit confirmed that the circuit split ... Keep Reading »
California District Court Certifies Classes of Fixed Index Annuities Purchasers
The Southern District of California recently certified California and multistate classes of annuities purchasers in a case challenging the allegedly abusive design, execution, and pricing of fixed index annuities (FIA). The plaintiff, a senior who purchased an FIA issued by defendant insurer, claimed the defendant promised asset protection and guaranteed values that were vitiated by an alleged undisclosed “derivative” structure embedded in the annuities, which provided ... 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 »
Ninth Circuit Holds District Court Erred In Denying Certification To Class Of Google Advertisers
A Ninth Circuit panel reversed a district court’s order denying certification of a putative nationwide class of internet advertisers, holding that the district court erred in finding that plaintiff failed to satisfy Rule 23(b)(3)’s predominance requirement. Plaintiff’s class action complaint alleged that Google violated California’s Unfair Competition Law and Fair Advertising Law by failing to disclose that some of Google’s AdWords ads would appear on parked domains and ... Keep Reading »
Eleventh Circuit Denies Petition For Rehearing In Lisk v. Lumber One
The Eleventh Circuit Court of Appeals denied a petition for rehearing en banc in the Lisk v. Lumber One Wood Preserving, LLC matter, where last month it held that the Alabama Deceptive Trade Practices Act’s restriction on private class actions does not apply in federal court; rather, federal rule 23 controls. See our prior post about that opinion. Lisk v. Lumber One Wood Preserving, LLC., No. 14-11714 (11th Cir. September 15, 2015). ... Keep Reading »
Third Circuit Reverses Denial of Class Certification in Complete Sham Telemarketing RICO Case
The United States Court of Appeals for the Third Circuit reversed the denial of class certification in a case brought against a bank and its payment processors that allegedly engaged in a fraudulent scheme to cause unauthorized debits from consumer bank accounts. Reynaldo Reyes, as class representative, filed suit in the Eastern District of Pennsylvania under the Racketeer Influenced and Corrupt Organizations Act (RICO) against Zions First National Bank (“Zions Bank”) ... 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 »
Seventh Circuit Applies “Weak” Ascertainability Requirement, Splits From Third and Eleventh Circuits
A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a “heightened” ascertainability requirement under Rule 23(b)(3). In Mullins v. Direct Digital, LLC, plaintiff filed a class action complaint alleging that defendant had misrepresented, in marketing materials and on product labels, the purported health benefits of a glucosamine supplement in violation of the Illinois Consumer Fraud and Deceptive Business ... Keep Reading »
Rice Capades: Court Certifies a Class of Lead Lawyers Against Defendant Law Firms Who Allegedly Used the Class’s Work Product in Rice Litigation
The Eastern District of Missouri certified an unusual class of lawyers and their clients who undertook a collective effort to litigate claims against Bayer related to the purported “contamination” of the U.S. rice supply by Bayer’s genetically modified rice. The defendants are law firms that allegedly benefitted from the work performed by the class in state and federal cases against Bayer. Bayer’s introduction of genetically modified rice into the U.S. domestic rice ... Keep Reading »
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