Rodger Eckelberry

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Class Certification of California Price Advertisement Case Gives Cause for Concern

By Rodger Eckelberry, Jacqueline Matthews and Rand L. McClellan on June 30, 2015 Posted in Class Certification

Spann v. JCPenney and People of California v. Overstock.com By Rodger L. Eckelberry, Rand L. McClellan, and Jacqueline K. Matthews June 30, 2015 A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to “regular” or previous prices, or to the sale … Continue Reading

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those Requirements

By Rodger Eckelberry on February 21, 2013 Posted in Class Certification, Commonality, Issue Certification, Rule 23 Requirements

Co-author: Elizabeth Braverman In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more guidance on the requirements of commonality where plaintiffs allege discrimination resulted from a companywide delegation of … Continue Reading

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

By Rodger Eckelberry on February 19, 2013 Posted in Class Certification, Commonality, Rule 23 Requirements

In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians sought to represent 2,341 technicians on claims their employer’s “piece-rate” pay structure violated federal and state wage laws by failing to … Continue Reading

Dukes Dooms Domino’s Delivery Drivers’ Class Action

By Rodger Eckelberry on February 14, 2013 Posted in Class Certification, Commonality, Rule 23 Requirements

Co-author: Scott J. Bent The Eighth Circuit recently reaffirmed one of the central holdings of Dukes v. Wal-Mart—commonality is no longer a “rubber stamp.” In Luiken v. Domino’s Pizza, a Domino’s delivery driver sought to represent a class of about 1,600 fellow drivers in an action against the pizza giant for wrongfully withholding tips. No. … Continue Reading

Tenth Circuit Affirms Dismissal of Class Action as Moot

By Rodger Eckelberry on July 23, 2012 Posted in Civil Procedure

Mootness, as stated by the Tenth Circuit, “describes a situation where events in the world have so overtaken a lawsuit that deciding it involves more energy than effect, a waste of effort on questions now more pendantic than practical.” Winzler v. Toyota Motor Sales, U.S.A., Inc, 681 F.3d 1208 (10th Cir. 2012). The pace of … Continue Reading

Ninth Circuit Affirms Default Judgment as Discovery Sanction in Certified Class Action

By Rodger Eckelberry on July 23, 2012 Posted in Discovery, Uncategorized

The entry of default judgment as a discovery sanction is severe, and rare. But the Ninth Circuit recently affirmed a district court’s order striking a defendant’s answer and proceeding to trial on damages only in a certified class as a sanction for repeated discovery violations. The jury returned a damages verdict of $4,509,268, which, after … Continue Reading

Ninth Circuit Affirms That One State’s Laws Cannot Apply to a Nationwide Class and That a Presumption of Reliance Was Improper

By Rodger Eckelberry on February 2, 2012 Posted in Consumer Fraud, Rule 23 Requirements

In Mazza v. American Honda Motor Company, Inc., 666 F.3d 581 (9th Cir. 2012), the Ninth Circuit reversed certification of a nationwide class of automobile consumers, rejecting the district court’s choice of law and predominance analyses. Though a split-decision, the Mazza majority reinforced states’ individual interests and ability to regulate consumer transactions occurring within their … Continue Reading