Selecting a named plaintiff in a putative class action can be one of the most important, but overlooked, decisions that a plaintiff’s counsel makes. Picking the wrong plaintiff can lead to delay, dismissal of claims, denial of class certification in some circumstances, and motions for sanctions. The high-profile putative class action against Mark Cuban, the “Shark Tank” multimillionaire entrepreneur and owner of the Dallas Mavericks NBA team, illustrates all of these ... Keep Reading »
Class Action Survey: Corporate Counsel Reveal Their Thoughts on Class Action Waivers
Approximately four in every 10 companies use class action waivers in their contracts, according to the 2023 Carlton Fields Class Action Survey. Although these waivers can be a strong risk management tool, 57% of companies omit class action waivers for reasons that include perceived regulatory resistance or other barriers in some jurisdictions. Here is what some corporate counsel had to say about why they use class action waivers: "Yes, we don’t want them to be able ... Keep Reading »
Class Action Survey: Class Action Settlements Reach Record Low
The number of class action settlements dropped significantly, as it did in almost all areas of litigation. Class action settlements are the lowest on record. While 2021 saw a jump due to the resolution of older matters that had sat in 2020 during the early pandemic, in this year’s 2023 Carlton Fields Class Action Survey, the percentage of settlements in 2022 was the lowest in five years by a wide margin. The percentage of individual settlements, however, increased ... Keep Reading »
Class Action Survey: Baseless Claims a Common Concern for Corporate Counsel
Six out of 10 in-house counsel reported that the growth in baseless putative class actions poses a substantial risk to their companies. They describe these class actions as those that have no merit, but where the companies are forced to defend them nonetheless. Top legal decision-makers believe courts are becoming more lenient in allowing class actions to move forward, which creates a significant cost that is disproportionate to the merits of the claim. Almost one in ... Keep Reading »
Class Action Survey: Companies Report “Sweet Spot” for Class Action Panels
Did you know companies have a “sweet spot” for the number of law firms they use for their class action panels? Most companies are relying on small groups of law firms to manage class actions, according to the 2023 Carlton Fields Class Action Survey. The benefits include more uniformity in the approach to class actions, more diversity of thought than a single firm, reduced management time, more understanding of client goals, and improved cost control. Only a small segment ... Keep Reading »
Class Action Survey: Companies Perceive Consumer Fraud Class Actions as Posing the Biggest Risk
Companies continue to see consumer fraud class actions as posing the largest threat by a wide margin, pointing to claims based on both the use of social media, and ESG disclosures and practices. Employment claims pose more risk than previously reported because perceived employee activism created unrest, lost productivity, and financial risk alongside the costs associated with an increased number of baseless claims. Securities fraud class actions against public companies ... Keep Reading »
Class Action Survey: What Types of Class Action Matters Are Most Prevalent? Two Types Have Driven the Bulk of Class Action Spending Over the Last Five Years
Labor and employment and consumer fraud matters remain the two most common types of class actions. Together, they have driven the bulk of class action spending over the last five years. The 2023 Carlton Fields Class Action Survey reports that labor and employment leads both in number of class actions (33.6%) and in share of overall class action budgets (34.8%), by a wide margin. This is well up from last year’s reporting, when labor and employment was 23.5% of the ... Keep Reading »
Class Action Survey: Did Class Action Defense Spending in 2022 Continue Its Upward Trend?
Companies increased the percentage of their legal budgets allocated to class actions to 14.4%, up from 13% two years ago. For the first time, spending on class actions increased to more than $3.5 billion, according to the 2023 Carlton Fields Class Action Survey. In 2023, class action spending is expected to be one of the fastest-growing areas of legal spending. The increased spending has two major drivers: claims are getting larger, and more companies are facing class ... Keep Reading »
Eleventh Circuit Vacates Class Settlement in GoDaddy TCPA Suit Based on Improper Class Definition
The U.S. Court of Appeals for the Eleventh Circuit recently solidified an important rule about class standing: the definition of a class in a settlement agreement must be limited to class members with Article III standing. In Drazen v. Pinto, the Eleventh Circuit vacated the district court’s approval of a $35 million settlement agreement because the class definition included members who lacked Article III standing. Drazen involved a class action against GoDaddy.com ... Keep Reading »
Delivery in 30 Minutes or Less: Supreme Court Punts on Who Qualifies Under FAA Exemption for Interstate Commerce Workers
In Domino’s Pizza LLC v. Carmona, Domino’s petitioned the U.S. Supreme Court to clarify whether drivers making only in-state deliveries of goods, ordered by in-state customers from an in-state warehouse, engaged in interstate or foreign commerce, exempting them from arbitration under Section 1 of the Federal Arbitration Act. The Supreme Court on October 17, 2022, granted Domino’s petition for certiorari, vacated the Ninth Circuit’s ruling allowing the drivers to ... Keep Reading »
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