Using the Third Circuit’s comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants allegedly charged an improper lease-termination fee and subjected to collections calls in violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. In its order, the district court explained that under the Third Circuit’s ascertainability precedent, ... Keep Reading »
Search Results for: rule 23
Lone Objector’s Class-Conflict Arguments Miss the Target
In 2015, Target settled a class action stemming from a massive data breach of its customers’ sensitive information. According to the settlement terms, Target agreed to pay $10 million to those affected. The Minnesota district court originally granted approval over the class and the settlement. However a lone objector filed an appeal, and the Eighth Circuit granted a limited remand because it was not satisfied the district court had conducted a “rigorous analysis” of the ... Keep Reading »
Ninth Circuit Expands American Pipe Tolling to Subsequent Securities Class Action by Unnamed Class Members, but Leaves Related Comity and Issue Preclusion Questions for Another Day
The Ninth Circuit in Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), revived the third successive putative shareholder class action against a fertilizer manufacturer after the district court dismissed this last case as untimely. By reversing the lower court’s holding that the case was time-barred, the Ninth Circuit expanded the American Pipe tolling rule (as further expanded by Crown Cork) to allow the individual claims of unnamed ... Keep Reading »
District Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal Policies Not Suitable for Class Relief
An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2) because the defendants did not have a standard policy or procedure causing injury to class members. The plaintiffs brought a putative class action seeking to hold Kohl's Corporation and Kohl's Department Stores, Inc. (“Kohl's”) liable for alleged ... Keep Reading »
A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class
A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the District of Connecticut. Both of plaintiff’s asserted classes challenged Aveeno’s product labeling under the Connecticut Unfair Trade Practices Act (CUTPA) and the similar consumer protection laws of several other states and the District of ... Keep Reading »
Alleged Violations of Florida Building Code Not Subject to Class Treatment
Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private cause of action, but also provides a statutory defense for homebuilders where: (1) the homebuilder obtained any required building permits, and the appropriate agency approved the plans; (2) the project passed all inspections required under the Code; ... Keep Reading »
Veterans’ Claims Move to the Head of the Class
In an issue of first impression, the United States Court of Appeals for the Federal Circuit addressed whether the Court of Appeals for Veterans Claims (“Veterans Court”) has the authority to certify class actions. The case arose from the denial of a Vietnam War veteran’s administrative claim for disability benefits for service-connected post-traumatic stress disorder, diabetes, hypertension, and strokes. In early 2013, the Department of Veterans Affairs (“VA”) notified ... Keep Reading »
Class Representatives Do Not Hold Veto Power Over Class Settlement
In In re FedEx Ground Package Sys., Inc. Employment Practices Litig., No. 3:05-CV-595 RLM, 2017 WL 632119 (N.D. Ind. Feb. 14, 2017), only one of a total of seven class representatives signed off on accepting a proposed class settlement with the defendant, FedEx. Further, the class representative who assented to the proposed class settlement later withdrew his signature once he realized that the other six representatives objected to the proposed settlement. In ... Keep Reading »
Nigerian Natural Gas Drilling Rig Explosion Class Action Blown Away
The Northern District of California recently denied a motion for class certification in a case against Chevron Corporation connected to a 2012 explosion at a Nigerian natural gas drilling rig and the environmental impacts of that explosion. The case had an extensive procedural history which saw numerous amended complaints, a series of revisions revising the putative class down from over 65,000 Nigerians to a fraction of that number, and multiple extensions of discovery ... Keep Reading »
Play Ball! California Federal Court Reconsiders Order Denying Minor League Baseball Players’ Motion For Class Certification
The Northern District of California recently renewed hope in a minor league baseball player class action wage dispute by granting the plaintiffs class certification after they narrowed the class. The court had previously denied class certification in July 2016, finding that the experiences of the class members varied too widely to satisfy Rule 23. The original class certification motion sought to certify “classes consisting of ‘[a]ll persons who under a Minor League ... Keep Reading »
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