The United States District Court for the Southern District of Ohio granted defendant State Auto's motion to strike plaintiffs' class allegations, holding that the complaint itself demonstrated that the proposed class was not ascertainable and could not satisfy Rule 23(a)'s commonality and typicality requirements, nor the predominance and superiority requirements of Rule 23(b). The complaint alleged that State Auto committed fraud, breached the duty of good faith and ... Keep Reading »
Search Results for: rule 23
District of Colorado Declines To Certify Deceptive Practices Class
The District of Colorado declined to certify a class in a case against Dollar Rent A Car where the Plaintiff alleged Dollar tricked renters into buying Loss Damage Waiver ("LDW"), supplemental liability insurance ("SLI"), and roadside assistance ("Roadsafe") (collectively "Add-On Products") that they had declined, or charged them without proper consent or contrary to disclosure requirements. Plaintiff alleged Dollar violated the Colorado Consumer Protection Act and ... Keep Reading »
Florida District Court Rejects Motion To Strike But Allows Pre-Certification Standing Challenge In Snack Food Labeling Case
Before class certification hearings occur in the Southern District of Florida, defendants may not challenge plaintiff's class allegations via Rule 12(f) motions to strike but may challenge plaintiff's standing via motions to dismiss. In Bohlke v. Shearer's Foods, LLC, plaintiff sought to represent a Florida class and alternative nationwide class of purchasers of five flavors of defendant's rice chips. Plaintiff alleged that defendant's "all natural" labels were false ... Keep Reading »
Eighth Circuit Decertifies Four FDCPA Classes Where District Court Failed to Conduct Rigorous Analysis Required by Wal-Mart Stores, Inc. v. Dukes
The Eighth Circuit recently held that a district court abused its discretion by certifying four classes of Nebraska consumers in an action against a debt collector and its attorneys for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”) and the Nebraska Consumer Protection Act (“NCPA”) based on the defendants’ use of standard-form pleadings and discovery requests in state court collection actions. In so holding, the Eighth Circuit emphasized that the ... Keep Reading »
District Court Decertifies Class Where Damages Model Did Not Satisfy Supreme Court’s Requirements as Set Forth in Comcast Corp. v. Behrend
The United States District Court for the Northern District of California recently granted a defendant’s motion to decertify a class because plaintiff’s damages model was not consistent with his theory of liability as required by the Supreme Court in Comcast Corp. v. Behrend. Plaintiff alleged that defendant’s false and misleading labeling of almond milk products violated California law, bringing claims under California’s Unfair Competition Law, False Advertising Law, and ... Keep Reading »
California District Court Denies Certification Where Putative Class Members Lack Standing and Plaintiff Fails to Conduct Extensive Choice of Law Analysis Necessary to Support Nationwide Class
The United States District Court for the Eastern District of California recently denied class certification in a case alleging wrongdoing by a loan servicer in connection with the Home Affordable Modification Program (“HAMP”). Plaintiff brought the putative class action after defendant foreclosed on his home, seeking to represent a nationwide class of homeowners who had received permanent modification agreements (“PMAs”) for loan modifications that defendant failed to ... Keep Reading »
Second Circuit Affirms District Court’s Denial of Certification of Class of Investors Alleging Common Law Fraud Under New York Law
The Second Circuit affirmed the district court’s denial of class certification of a class of investors based on the appellants’ failure to satisfy the numerosity and commonality requirements of Rule 23(a). Following the collapse of the Cheyne SIV in 2007, a structured investment vehicle structured by Morgan Stanley, the appellants sought to certify a class of sophisticated institutional investors that purchased notes from the SIV between 2004 and 2007. The class action ... Keep Reading »
California District Court Certifies TCPA Class Against Defaulted Defendant
The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received numerous automated debt collection calls on her cell phone from Bennett without her consent. The law firm failed to respond to her complaint, and the court entered a default. The court then proceeded to consider plaintiff’s motion for class ... 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 »
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