Tag Archives: class action

BakerHostetler’s 2023 Q1 Insurance Class Action Quarterly Report Released

Photo of Mark JohnsonPhoto of Mathew G. DroctonBy Mark Johnson and Mathew G. Drocton on Posted in Class Action Trends
Traffic jam at road. Background blurredBakerHostetler released its 2023 Q1 Insurance Class Action Quarterly Report, which summarizes a variety of insurance class action themes. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class actions involving sales tax depreciation, appraisal and privacy claims for data shared … Continue Reading

The Advisory Committee on Civil Rules Proposes a New Rule to Address Early Case Management in Multidistrict Litigation

Photo of Kyle T. CuttsBy Kyle T. Cutts on Posted in Class Action Trends
On March 28, 2023, the Advisory Committee on Civil Rules (Committee) convened in West Palm Beach, Florida, to discuss a variety of proposed amendments to the Federal Rules of Civil Procedure, including a new rule that would provide guidance about initial case management procedures in multidistrict litigation (MDL). Appointed by the chief justice of the … Continue Reading

BakerHostetler Releases Insurance Class Action Quarterly Report – 2022 Q4

Photo of BakerHostetlerBy BakerHostetler on Posted in Class Action Trends
BakerHostetler released its Insurance Class Action Quarterly Report for 2022 Quarter 4, devolving trends in the insurance class action space from the past quarter. We witnessed further development of total loss, uninsured/underinsured motorist and COVID-19 premium rebate class actions, along with movement in new(er) property and casualty class actions involving discrimination in claims adjusting and … Continue Reading

The Demand Curve Problem for UCL Class Actions

Photo of Brian TroyerBy Brian Troyer on Posted in Class Action Trends
A recent opinion from a California federal court, Mier v. CVS Pharmacy, Inc. et al., No. 8:20-cv-01979-DOC-ADS, slip op. (C.D. Cal. May 9, 2022), touches on an aspect of econometric modeling that class action defense counsel should understand, particularly in consumer fraud cases under California’s Unfair Competition Law (UCL) and similar laws with restitution as … Continue Reading

The U.S. Supreme Court Agrees to Hear Case Regarding Whether State Business Registration Requirements Can Create General Personal Jurisdiction

Photo of Ali HaqueBy Ali Haque on Posted in Supreme Court
The U.S. Supreme Court has agreed to consider whether the Due Process Clause of the Fourteenth Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction as a condition to doing business in the state. Mallory v. Norfolk S. Ry. Co., U.S. Supreme Court, No. 21-1168, granted. The plaintiff is a Virginia … Continue Reading

Class Action Year In Review 2021

Photo of Bethany LukitschPhoto of Julie Singer BradyPhoto of Paul KarlsgodtBy Bethany Lukitsch, Julie Singer Brady and Paul Karlsgodt on Posted in Year-end Review of Class Actions
BakerHostetler has released its Class Action Year In Review, which presents a brief overview of the landscape for class actions in 2021 and a preview of what to expect for 2022. The report covers class action litigation in several areas: Financial services Advertising and marketing: food, beverage and product labeling Privacy Insurance Employment Appellate decisions … Continue Reading

2016-17 Securities Class Actions by the Numbers

Photo of Shawn P. HoughBy Shawn P. Hough on Posted in Securities
2016 was an unprecedented year in securities class actions filings. According to a report published by NERA Economic Consulting, a record 300 securities class action complaints were filed in 2016 in federal courts, a 32 percent increase from 2015. This number represents the highest pace of filings since the 2000 dot-com crash. The median time … Continue Reading

Eighth Circuit Provides Important Guidance in Class Settlement Approvals

Photo of Mark JohnsonBy Mark Johnson on Posted in Consumer Class Action
The Eight Circuit provided some useful guidance for district courts and practitioners in obtaining and reviewing final approval of class settlements in its July 5, 2017, decision in Keil v. Lopez. In that case, the court affirmed approval of a consumer class action settlement by Blue Buffalo Co. Ltd. involving ingredients of pet food. Here … Continue Reading

Fifth Circuit Questions the Use of Claim-splitting Tactic by Plaintiff; Orders District Court to Consider Whether Plaintiff’s Proposal Destroys Adequacy

Photo of Trischa Snyder ChapmanBy Trischa Snyder Chapman on Posted in Class Certification
On May 9, the Fifth Circuit Court of Appeals issued a decision in Slade v. Progressive Sec. Ins. Co, Case No. 15-300010, 2017 WL 1843737 (5th Cir. May 9, 2017), in which the court discussed how the practice of claim splitting can create an adequacy bar to class certification. The appeal was taken from a … Continue Reading

Sixth Circuit Adds to Circuit Split About the Enforceability of Class and Collective Action Waivers in Employment Arbitration Agreements

Photo of Xakema HendersonBy Xakema Henderson on Posted in Class Action Trends
The Sixth Circuit just became the third federal court of appeals to hold that an arbitration provision requiring employees covered by the National Labor Relations Act (NLRA) to arbitrate individually all employment-related claims is not enforceable. Nat’l Labor Relations Bd. v. Alternative Entm’t, Inc., No. 16-1385, 2017 WL 2297620, at *9 (6th Cir. May 26, … Continue Reading

Will the Supreme Court Address the Growing Uncertainty in Class Certification Injury Standards?

Photo of Danyll FoixBy Danyll Foix on Posted in Class Certification
Recent years have seen some upheaval in the lower courts on whether classes may be certified when they include members who lack actual injury. So far, however, the Supreme Court has declined to address this issue, thus increasing uncertainty and risks for litigants. Class action cases are often brought pursuant to Rule 23(b)(3), which requires … Continue Reading

House Passes Fairness in Class Action Litigation Act of 2017

Photo of Jessica GreenbergBy Jessica Greenberg on Posted in Class Action Trends
Yesterday, the U.S. House of Representatives passed the Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the Act). The Act – introduced by Chairman of the House Judiciary Committee Bob Goodlatte – makes several significant changes to class action practice. In passing this Act, the House asserted these changes were intended to “diminish … Continue Reading

The Unwelcome Guest at the Class Settlement Table: Serial Objectors

Photo of James MorrisonBy James Morrison on Posted in Class Action Trends
Finally, the end is in sight. After motions to dismiss, discovery, hearings, a highly contested motion for class certification and mediation, the parties have reached a class settlement. The parties are relieved to end the uncertainty and burdens of a class action, and now turn their attention to obtaining court approval. But suddenly the settlement … Continue Reading

Mandatory Disclosure of Third-Party Funding Agreements for Proposed Class Action Lawsuits

By Melonia A. Bennett on Posted in Uncategorized
For years, certain lenders have agreed to fund all or part of a party’s litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice called “third-party litigation funding.”  This has spawned widespread debate over the propriety of such funding and the degree of transparency parties and courts … Continue Reading

The Supreme Court Will Review Whether Putative Class Actions Toll the Statute of Repose for Class Members’ Individual Securities Act Claims

Photo of Brian NoethlichBy Brian Noethlich on Posted in Class Certification
On January 13, 2017, the Supreme Court granted certiorari in California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373 (ANZ Securities), to resolve whether the filing of a putative class action tolls the statute of repose for individual class members’ claims brought under Section 13 of the Securities Act. The California Public Employees’ … Continue Reading

“Yes, I Agree”: With a Click, Uber Drivers Can Waive Right To Bring Class Action Suits

Photo of Andrew SerraoBy Andrew Serrao on Posted in Class Action Trends
Recently, in a major win for employers and companies that transact business on the internet, the Ninth Circuit upheld the use of arbitration class-action waivers in so-called clickwrap agreements. These types of agreements are commonplace—consumers installing software or signing up for a service are presented with a company’s terms and conditions on their screen, and … Continue Reading

Third Circuit Sets Framework for Numerosity Requirement

Photo of Robert J. TuckerBy Robert J. Tucker on Posted in Class Action Trends
Yesterday, in In re Modafinil Antitrust Litig., 3d Cir. No. 15-3475 the Third Circuit provided a framework for analyzing the oft-overlooked numerosity requirement of Rule 23(a)(1)..  The court’s decision both clarified and seemingly bolstered the numerosity threshold. The district court had certified a class of 22 direct purchasers of the drug Provigil that alleged a … Continue Reading

Seventh Circuit Throws Out TransUnion’s Clickwrap Agreement and Incorporated Class Waiver

Photo of Sam CamardoBy Sam Camardo on Posted in Arbitration
In recent years, and in particular since decisions like AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), a powerful defense to consumer class actions has been arbitration agreements that include class waivers. The Supreme Court’s recent decision in DIRECTV, Inc. v. Imburgia, 136 S. Ct. 463 (2015) reinforces that defense, and assures that the … Continue Reading

Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions

Photo of Brian NoethlichBy Brian Noethlich on Posted in Employment
In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to show both the existence of injury and damages. On Tuesday, in a 6-2 decision, the Supreme Court held that the … Continue Reading
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