The Northern District of Illinois recently granted defendant American Airlines’ motion to strike class allegations in a passenger’s breach of contract suit brought after American cancelled plaintiff’s flight reservation when he attempted to check in less than an hour before the scheduled departure time. The court found it was clear from the pleadings that plaintiff’s proposed nationwide class could not meet the predominance requirement of Rule 23(b)(3). In particular, ... Keep Reading »
Search Results for: rule 23
Tenth Circuit Finds Plaintiffs’ Settle and Dismiss Strategy Unappealing
Following Supreme Court precedent, the Tenth Circuit recently held that plaintiffs’ settlement and voluntary dismissal of their claims did not transform the court’s interlocutory order denying class certification into a final, appealable order under 28 U.S.C. § 1291. Plaintiff trusts brought a putative class action against an energy company, alleging various claims related to royalty interests under gas leases, and sought to certify a class. The district court denied ... Keep Reading »
Class Certification Denied in ‘Junk Fax’ Case in Electronic Age
On September 5, Judge Dlott (Southern District of Ohio) denied plaintiff’s motion for class certification in a case involving the “junk fax” provision of the Telephone Consumer Protection Act of 1991. Perhaps perplexed that such cases still arise, the district court explained that, “[a]lthough it seems odd that the problem persists in the electronic age, the ‘junk fax’ provision attempts to curb the inundation of unwanted faxes.” In this case, there was no dispute that ... Keep Reading »
Defense Victories in Genetic and Biometric Privacy Class Actions
In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic and biometric data. In a rare defense victory in a circuit favored by the plaintiff’s bar, a Ninth Circuit panel affirmed a decision by the United States District Court for the District of Alaska denying plaintiff’s motion for certification of claims under Alaska’s ... Keep Reading »
Despite Second Shot at Ascertainability Post-Petrobras, Renewed Motion to Certify Falls Flat on Predominance Grounds
Royal Park, an investment company, recently suffered its second defeat in its attempt to certify a class action against Deutsche Bank regarding bond-like instruments collateralized by mortgages held in trusts entitling instrument-holders to the mortgages’ cash flow for various contractual and common law claims. The Southern District of New York denied Royal Park’s first motion to certify on the grounds the proposed class was insufficiently ascertainable, finding it was ... Keep Reading »
Third Circuit Rejects ‘Shingle Lottery’ Theory of Common Defect in Putative Homeowner Class
The Third Circuit Court of Appeals recently affirmed a district court order denying certification to a group of homeowners in four states who alleged roof shingle manufacturer Owens Corning sold defective roof shingles and misrepresented their expected useful life. Specifically, plaintiffs alleged claims for breach of express warranty, breach of implied warranty of merchantability, and violation of various state consumer protection statutes because the shingles installed ... Keep Reading »
District Courts Split on Whether Bristol-Myers Squibb‘s Specific Personal Jurisdiction Analysis Bars Nationwide Class Actions In Districts Beyond Defendant’s Home Venue
The ramifications of the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017), remain unsettled. In Bristol-Myers Squibb, the United States Supreme Court rejected California’s "sliding scale approach" to assertions of specific personal jurisdiction. California’s Supreme Court had addressed a nationwide mass action and held that California could assert specific jurisdiction over the claims of ... Keep Reading »
Third Circuit Ascertainability Requirement Puts the Squeeze on Orange Juice Purchasers
A New Jersey district court denied certification to a putative class of Tropicana orange juice purchasers from “Members Only” or “Loyalty Card” stores in California, New York, New Jersey, and Wisconsin. The plaintiffs alleged various common law and statutory consumer protection causes of action based on Tropicana’s alleged false marketing of its orange juice as “all natural.” The court found that the plaintiffs satisfied the four certification requirements of Rule 23(a) ... Keep Reading »
Conflict of Interest Renders Spouse of Former Class Counsel Inadequate Class Representative
The Eastern District of New York recently held that a former class counsel’s spouse was an inadequate class representative due to the conflict of interest created by the relationship. The plaintiff, Dr. Eve Wexler, brought a putative class action against AT&T, alleging violations of the Telephone Consumer Protection Act. The case was originally filed by the plaintiff’s husband, Shimshon Wexler, who was later joined by another attorney, Mr. Giardina. AT&T argued ... Keep Reading »
Too Fast and Furious: Ninth Circuit Unwinds Hyundai and Kia Nationwide Class Action Settlement
In a split panel, the Ninth Circuit Court of Appeals reversed a district court’s certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule 23(b)(3). In 2012 Hyundai and Kia were accused of overstating their fuel efficiency estimates in advertisements and car window stickers for certain of their vehicles. A flurry of putative class action litigation ensued across the country, and the MDL ... Keep Reading »
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