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 »
Search Results for: standing
New York District Court Flushes Nationwide Class, Permits New York Classes to Go Forward
In three related actions before the Eastern District of New York, consumer plaintiffs who purchased moist toilet wipes manufactured and produced by Kimberly-Clark and sold by Costco alleged that defendants mislabeled the wipes as “flushable.” The court denied certification of a nationwide class, but did certify three New York class actions all involving New York law and New York purchases but different defendants and a different product. The court declined to certify ... Keep Reading »
Adequacy is Adequate: DC District Court Certifies Pacer Fee Class
The United States District Court for the District of Columbia certified a class of all individuals and entities who paid fees to obtain court records though the Public Access to Court Electronic Records (PACER) system. The proposed class representatives, three nonprofit legal advocacy organizations, overcame the government’s primary challenge to class certification, which was that they were not adequate class representatives. The National Veterans Legal Services ... Keep Reading »
Nothing Crafty About Michaels’ Disclosure Under Spokeo
A New Jersey District Court followed Spokeo’s Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores. Plaintiffs claimed that Michaels’ online employment application violated the Fair Credit Reporting Act (FCRA) and similar New Jersey and California state laws by failing to provide notice of the store’s intent to obtain a background check in a dedicated, stand-alone document. Plaintiffs conceded their ... Keep Reading »
TCPA Class Certified Based Largely on “Concrete Injury” Determination
Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established for statutory purposes – there has been a debate as to what constitutes Article III “concrete injury” under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227. With certain exceptions, the TCPA creates a statutory cause of ... Keep Reading »
Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving Settlement
The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after certifying a nationwide injunction class. In so ruling, the court joined the Third, Seventh and Eleventh Circuits. The court also held, however, that the magistrate judge abused her discretion in approving the settlement because the injunction was ... Keep Reading »
Judge Gorsuch on Class Actions
On January 31, President Trump announced that Judge Neil Gorsuch of the Tenth Circuit Court of Appeals would be nominated for the United States Supreme Court. We took a look at those opinions authored by Judge Gorsuch on the Tenth Circuit that primarily addressed class action issues. These decisions confront a range of problems that arise in class action litigation. They also reveal his accessible, sometimes breezy, sometimes pointed, writing style. Four such decisions ... Keep Reading »
California Court Rejects Attempt to Overturn Judgment Based on Spokeo
A defendant who lost a bench trial in a certified class case alleging that it violated the Electronic Funds Transfer Act by forcing the plaintiff and class to use electronic funds transfer services to obtain loans sought to upend the verdict by arguing that the Supreme Court’s recent Spokeo decision made clear the plaintiff lacked Article III standing to sue. The court rejected that argument. In Spokeo, the Supreme Court ruled that for Article III standing to exist, a ... Keep Reading »
Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims
On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking company that had a fuel-discount with Pilot, filed a class action alleging that Pilot systematically shortchanged trucking companies with which it had discount arrangements by failing to give them the agreed-upon benefits. The class claims were ... Keep Reading »
Spokeo Gets Lyft Off
The Northern District of California dismissed a Fair Credit Reporting Act case against Lyft upon finding that plaintiff lacked Article III standing based on the Supreme Court's decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). The court found that plaintiff did not suffer any actual injury, or a real threat of such injury, as a result of Lyft’s alleged FCRA violations. The court’s ruling was consistent with several recent district courts’ decisions based on ... Keep Reading »
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