A Delaware federal district court granted defendants’ motion to dismiss plaintiffs’ claims on statute of limitations grounds, rejecting plaintiffs’ argument that the claims had been tolled under the principles of cross-jurisdictional tolling. The case involves claims of injuries allegedly caused by the use of dibromochloropropane (DBCP”) on plantations in several Latin American countries. A first putative DBCP class action was filed in Texas state court in 1993, was ... Keep Reading »
District Court Rejects Nationwide Class, But Certifies California-Only Consumer Class After Conducting Rigorous Analysis of Damages Models Under Comcast
In Werdebaugh v. Blue Diamond Growers, the plaintiff brought suit in the United States District Court for the Northern District of California to certify a nationwide class of consumers who purchased Blue Diamond almond milk products containing allegedly false and deceptive labels. He alleged violations of California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. The plaintiff moved for certification of a class seeking injunctive ... Keep Reading »
Courts Reject Attempts to Pick Off Named Plaintiffs Via Offers Of Judgment
Following the Supreme Court’s 2012 recognition of concurrent federal and state jurisdiction over Telephone Consumer Protection Act (“TCPA”) class actions in Mims v. Arrow Financial Services, federal courts have issued numerous decisions addressing certification of TCPA classes that may be of broader interest to class action lawyers. (By way of example, see our May 20, 2014 post: Ohio District Court Strikes Impermissible "Fail-Safe" Class Allegations.) Two recent TCPA ... Keep Reading »
The Eleventh Circuit Reverses CAFA-Based Remand Order
On June 5, 2014, the Eleventh Circuit decided in favor of Fifth Third Bank on its appeal of a district court order remanding a putative class action to Florida state court. The basis for the remand order had been the district court’s determination that certain of the claims asserted in the removed complaint were legally insufficient and thus the damages claimed thereunder did not satisfy the $5,000,000 amount-in-controversy requirement imposed under the Class Action ... Keep Reading »
West Virginia District Court Certifies Rule 23(b)(3) Class Of Plaintiffs Alleging Violations Of Fair Credit Reporting Act Section 1681(g)
The U.S. District Court for the Southern District of West Virginia certified a Rule 23(b)(3) class, holding that the class was sufficiently ascertainable and satisfied the requirements of Rule 23(b)(3). Plaintiff’s class action complaint alleged that Quicken Loans violated section 1681g(g) of the Fair Credit Reporting Act by failing to provide credit score disclosures “as soon as reasonably practicable” after obtaining the plaintiff consumer’s credit report. Plaintiff ... Keep Reading »
Court Refuses to Apply California or Texas Law to Putative Nationwide Class and Denies Renewed Motion for Class Certification
A California federal district court denied a renewed motion for certification of a nationwide class, holding that the application of California negligence and conversion law would violate the due process rights of non-Californian class members. Ms. Marsh sought to represent a nationwide class of “payday loan” applicants who were allegedly victimized by unauthorized withdrawals from their bank accounts via “remotely created checks” processed by one Texas-based ... Keep Reading »
Damage Models Create Individualized Issues For Pre-Explosion Subclass Of BP Shareholders, But Present No Impediment For Post-Explosion Subclass
The Southern District of Texas recently denied certification of a subclass of BP shareholders who purchased shares prior to the Deepwater Horizon explosion and alleged that misstatements regarding safety improvements caused them to buy BP shares at inflated prices. The court, however, certified a subclass of shareholders who purchased shares after the disaster and alleged that BP’s misstatements regarding the scope of the damage from the explosion and oil spill ... Keep Reading »
Putative Maybelline Makeup Class Fades In California District Court
The District Court for the Southern District of California denied certification in a California consumer class action in which Plaintiffs’ claimed that Maybelline falsely labeled and advertised its “SuperStay 24HR” makeup as having 24 hours of staying power. The Court found several deficiencies in the proposed class of Maybelline makeup purchasers under Rules 23(a), (b)(2) and (b)(3). First, the court found that the proposed class was overbroad because it included ... Keep Reading »
Eighth Circuit Affirms Pre-Certification, Pre-Merits Discovery Summary Judgment
The Eighth Circuit affirmed a pre-certification summary judgment in favor of Bridgestone Retail Operations in a putative class action where the Plaintiff alleged that in connection with vehicle repairs Bridgestone had violated the Missouri Merchandising Practices Act (MMPA) by charging a disguised “shop supply” fee that it used for profit instead of supplies. The parties submitted a joint scheduling report that provided for discovery related to class certification ... Keep Reading »
Hershey Wins Pre-Certification Summary Judgment In California Labeling Class Action
The Northern District of California granted partial summary judgment in favor of The Hershey Company in a putative class action where the plaintiff alleged Hershey’s representations about certain of its products were unlawful and/or misleading. Plaintiff took issue with Hershey’s representations about antioxidants, nutrients, sugar, serving size, among others on its advertisements, packaging and website upon which the named Plaintiff alleged he relied when he purchased ... Keep Reading »
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