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 »
Search Results for: standing
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 »
Fitting a Square Plaintiff Into a Circle Class? No Can Do Says Florida Federal Court
A recent decision issued by Chief Judge Timothy J. Corrigan of the Middle District of Florida highlights a straightforward yet consequential class action principle: a plaintiff cannot serve as a class representative for a class to which he or she does not belong. The specific case is Gartrell v. J.J. Marshall & Associates Inc. In Gartrell, the plaintiff alleged that the defendant violated the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer ... Keep Reading »
Eleventh Circuit Affirms Class Certification and Settlement in “Factually Peculiar” In re Checking Account Overdraft Litigation Saga
Twelve years after it started, the saga of RBC Bank’s alleged improper assessment and collection of overdraft fees appears to have come to an end. In affirming the district court's certification of the class and approval of a settlement, the Eleventh Circuit Court of Appeals reaffirmed that “typicality” under Federal Rule of Civil Procedure 23 does not require identical claims or defenses and that only a substantial conflict of interest can destroy adequacy of a class ... Keep Reading »
PAGA Claims Sent Down the River: Supreme Court Gives California Employers Major Victory in Viking Cruises Arbitration Case
Representative actions brought under California’s Private Attorneys General Act (PAGA) have been the bane of that state’s labor lawyers’ existence since PAGA’s enactment in 2004. Thanks to this week’s Supreme Court decision in Viking River Cruises, Inc. v. Moriana, forward-thinking clients can say goodbye to all that. The PAGA Predicament PAGA enlists employees as private attorneys general to enforce California labor law. By its terms, PAGA authorizes an “aggrieved ... Keep Reading »
A Year in Review: Top 10 Class Action Cases of 2021
This year has been an important one for class action law. Here are 10 of the most important class action cases of 2021 and their impact on class action litigation. TransUnion LLC v. Ramirez In TransUnion, a class of 8,185 individuals sued TransUnion under the Fair Credit Reporting Act after the company had erroneously indicated that their names potentially matched a name on the U.S. Treasury Department’s Office of Foreign Assets Control list of terrorists, drug ... Keep Reading »
New York City Creates Right to Sue Over Use of Biometric Data
New York City’s new biometrics law, NYC Admin. Code §§ 22-1201–1205, went into effect in July 2021. The law creates a new private right of action for persons “aggrieved” by violations. Violations might arise from at least two different requirements. First, the law creates signage requirements for “commercial establishments,” which include places of entertainment, retail stores, and food and drink establishments. Second, the law creates a blanket ban on any person or ... Keep Reading »
Inherently Transitory Exception to Save Transgender Inmate Putative Class?
Mootness, as one of the big three justiciability requirements, is a jurisdictional requirement on which judges do not normally postpone adjudication. But in a recent putative class action of transgender inmates, the D.C. district court held off on its determination to examine a rarely invoked exception to the mootness doctrine applied only in the class context. Sunday Hinton, a transgender woman who was housed in the men’s unit of the D.C. jail, brought a putative ... Keep Reading »
Supreme Court: “Unharmed” Class Members Are Not Entitled to Damages; $40M TransUnion Judgment Reversed
On June 25, the U.S. Supreme Court issued its highly anticipated decision in TransUnion v. Ramirez, a case addressing Article III standing in the context of a class action. The Ninth Circuit Court of Appeals, in a split decision, had approved a $40 million award to a class of 8,185 individuals alleging violations of the Fair Credit Reporting Act, despite serious questions regarding whether a large percentage of class members had suffered any real injury. The class ... Keep Reading »
Eleventh Circuit Approves Largest, Most Comprehensive Data Breach Recovery in U.S. History
On June 3, 2021, the Eleventh Circuit Court of Appeals affirmed, with one caveat, the Northern District of Georgia’s approval of the settlement of the consolidated class actions against Equifax Inc. and its affiliates arising from the 2017 data privacy breach. The district court described the parties’ settlement as “the largest and most comprehensive recovery in a data breach case in U.S. history by several orders of magnitude.” Notably, the Federal Trade Commission, the ... Keep Reading »
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