The District Court of Idaho recently decertified a title insurance reissue rate class action, finding the initial justifications for class certification have “not withstood the test of time.” Under the Idaho Rate Manual, customers are entitled to a 50 percent discount when a title policy is issued within two years of a previous policy on the same property by the same owner. Seven years ago, the court granted class certification for a class of Idaho residential customers ... Keep Reading »
Objectively Non-Flushable? The Northern District of California Certifies Consumer Class Regarding Charmin Freshmates
Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of California consumers who purchased Charmin/Proctor & Gamble’s “Freshmates” brand of “flushable” bathroom wet-wipes between April 6, 2011, and August 3, 2017. The class claims centered on the allegation that Freshmates were not “flushable” as advertised ... Keep Reading »
Eighth Circuit Reverses Sanctions on Lawyers that Settled Federal Court Class Action in State Court
Last year at this time, we posted about two recent orders from a federal judge in Arkansas that found Rule 11 violations and abuses of the judicial process by attorneys for both the plaintiffs and the defense. Specifically, the district court found that counsel for both plaintiffs and defendants violated Rule 11 when they stipulated to dismissal of a yet-uncertified class action “for the improper purpose of seeking a more favorable forum and avoiding an adverse ... Keep Reading »
Third Circuit Follows ANZ Securities Decision and Reverses for Dismissal of Exchange Act Claims as Untimely
On June 28, 2017, Bruce Berman and Steve Blickensderfer posted in this space about the Supreme Court’s recent decision in California Public Employees Retirement System v. ANZ Securities, Inc., 137 S. Ct. 2042 (2017). In that case, the Supreme Court held that American Pipe tolling does not apply to the federal securities laws' statutes of repose. On Aug. 2, 2017, the Third Circuit decided an appeal in which the same issue was implicated. Naturally, it followed the ANZ ... Keep Reading »
Eleventh Circuit Doesn’t Waffle on Enforceability of Arbitration Agreement
The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed his class action suit. The court found that the arbitration agreement included a valid delegation provision that evidenced the parties' intent to arbitrate all gateway issues of arbitrability. Accordingly, the court vacated the district court's ... Keep Reading »
Fifth Circuit Vacates Settlement Approval in ERISA Class Action, Remanding With Instructions to Reexamine the Legitimacy of Promised Future Payments
The Fifth Circuit recently vacated a class action settlement that included unsecured and uncollateralized future payments to the plaintiffs, while providing a swift and complete payout of fees to class counsel. The case concerned a defined benefits pension fund created and owned by the Singing River Health System (SRHS), a community hospital owned by Jackson County, Mississippi. Following the 2008 financial crisis, SRHS encountered financial difficulties, failed to make ... Keep Reading »
Second Circuit Clarifies Ascertainability Rule, Rejecting “Heightened” Standard of Administrative Feasibility
The Second Circuit recently rejected the "heightened" ascertainability requirement under Rule 23(b)(3), turning aside a challenge to a district court's certification of a securities fraud class action. Instead, the court chose to follow the Sixth, Eighth, and Ninth Circuits by adopting an ascertainability standard that only requires "that a class be defined using objective criteria that establish a membership with definite boundaries." A district court certified two ... Keep Reading »
Are DC Federal Courts the Next Hotbed for Data Breach Class Actions?
We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In Attias v. CareFirst, the DC Circuit panel joined the Sixth, Seventh, and Ninth Circuits in finding that fear of future identity theft in the wake of a data breach satisfied the injury in fact requirement for standing under Article III of the United ... Keep Reading »
Future of CFPB’s Arbitration Rule Unknown as Republicans Eye Congressional Review Act
On June 10, 2017, the Consumer Financial Protection Bureau (CFPB) published a final rule attacking the use of class action waivers in arbitration clauses in certain consumer contracts. The new rule prohibits covered providers of consumer financial products or services, such as credit cards and bank accounts, from using arbitration clauses in consumer contracts to require consumers to resolve their disputes individually, rather than on a classwide basis. Specifically, ... Keep Reading »
Class Action and Regulatory Settlements Reflect the Rising Cost of Data Breaches
As the number of data breaches continues to increase, so too do the costs. After a breach occurs, companies typically expend significant sums conducting investigations, notifying customers and regulators, and engaging in public relations. They incur additional expenses enhancing security and providing identity protection services to victims. And then, of course, there are legal fees, involving both litigation and compliance, which can add up to more than half the total ... Keep Reading »
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