The Ninth Circuit Court of Appeals recently affirmed a district court’s denial of class certification where a plaintiff failed to propose a plan to ascertain class members and therefore did not satisfy the manageability requirement of Rule 23(b)(3). Plaintiffs alleged that the defendants, a parking company and the City of Laguna Beach, California, had violated the Fair and Accurate Credit Transactions Act (“FACTA”) by improperly printing the expiration dates of credit ... Keep Reading »
14 Days Or Bust: Fourth Circuit Bolsters “Rigid And Inflexible Rule” For Appealing Certification Orders
Artful attempts to appeal a class certification order beyond fourteen days will not impress the Fourth Circuit. In Nucor, the district court certified two classes relating to substantive allegations of racial discrimination. The district court then denied a motion to reconsider, triggering the fourteen day period for filing an interlocutory appeal. Defendants, however, subsequently filed three motions for decertification, and one of them succeeded in part: it ... Keep Reading »
Parens Patriae Action By State Attorney General Is Not Removable Under CAFA’s Class Action Provision
A federal district court in Hawaii held that a parens patriae action brought on behalf of the State of Hawaii by its Attorney General was not removable under the Class Action Fairness Act (“CAFA”) because it was not a class action, and, even if it were, the presence of the State as a party precluded a finding that CAFA’s minimal diversity requirement had been met. In Hawaii v. Bristol-Myers Squibb Co., Hawaii’s Attorney General claimed that pharmaceutical companies ... Keep Reading »
Ascertainability Issues Preclude Certification of a Class of Individuals Alleging Violations of the Fair Debt Collection Practices Act
The U.S. District Court for the Western District of Michigan denied plaintiffs’ motion for class certification citing plaintiffs’ failure to satisfy Rule 23’s ascertainability, commonality, typicality, and predominance requirements. The defendants, a debt collection agency and law firm, had filed state court complaints on behalf of medical providers in order to collect delinquent debts. The state court complaints included an exhibit listing providers who had allegedly ... Keep Reading »
No Revival Of Class Claims For Plaintiff Who Delayed Amending His Complaint In Bad Faith
An Illinois federal district court has ruled that a class plaintiff whose motion for class certification was denied may not avoid that outcome by amending his complaint to introduce a new legal theory and revised class definition if the complaint could have been amended prior to moving for class certification. Chapman’s initial attempt to certify claims under the Telephone Consumer Protection Act failed because the Court found that individual issues would predominate ... Keep Reading »
Sixth Circuit Affirms Class Certification in TCPA Case
The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products engaged Business to Business Solutions (B2B), a “fax-blasting” company, to transmit approximately 10,000 faxes advertising a pipe-thread sealing tape product. American Copper & Brass, a Michigan-based equipment wholesaler with no preexisting ... Keep Reading »
District Court Decertifies Class based on Dukes, Comcast and Tenth Circuit Precedent
Plaintiff sued for underpayment or nonpayment of royalties on natural gas produced from wells in Kansas due to defendant’s failure to place the gas in marketable condition. The district court initially certified the class in 2011. Defendant moved to decertify the class in 2013 based on the United States Supreme Court opinions in Dukes and Comcast together with two recent Tenth Circuit opinions vacating class certification orders in similar oil and gas royalty cases: ... Keep Reading »
Certification Denied for Purchasers of Product Awash with Design Differences
The Central District of California denied Plaintiff’s motion to certify a class of purchasers of Defendant’s washing machines that contain an air hose connected to an air dome. Plaintiff alleged the connection between the hose and dome was defective and could come loose under normal operation. As a result, the washer would overflow and cause substantial property damage or personal injury. The court found Plaintiff failed to meet his burden of showing that the ... Keep Reading »
7th Circuit Vacates Decision Declining To Certify Consumer Class Against Roofing Shingle Manufacturer Based On Incorrect Reading Of Comcast And Dukes
The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the district court had incorrectly read Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), and Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to require proof “that the plaintiffs will experience common damage and that their claimed damages are not ... Keep Reading »
Second Circuit Doubles Down on Rule Preventing Non-Settling Parties from Objecting to Class Settlement
The robustness of the rule preventing non-settling defendants from objecting to a class settlement has received a boost from the Second Circuit. The class settlement at issue involved the claims of investors against a hedge fund manager for damages and restitution of lost funds as a result of Madoff’s Ponzi scheme. Only one provision of the settlement was at stake: whether the settlement could allow class members to submit to the jurisdiction of the district court for ... Keep Reading »
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