Tag Archives: class action

Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because the insured’s robocalls did not constitute conduct of the insured’s business “in rendering services for others,” as required by … Continue Reading

Ohio Appellate Court Rejects Mortgage Servicing Class Action, Finds Foreclosure Actions Are Not “Consumer Transactions” Under The Consumer Sales Practices Act

Yesterday, the Eighth District Ohio Court of Appeals affirmed the dismissal of a putative class action raising claims against a noteholder, mortgage servicer, and law firm under Ohio’s Consumer Sales Practices Act (“CSPA”).  In Glazer v. Chase Home Finance L.L.C., 2013-Ohio-5589 (Ohio App. 2013), the Eighth District held that servicing defaulted mortgage loans is not … Continue Reading

Judge Slashes Attorneys’ Fees and Incentive Awards in Defective Laptop Class Action

In a consumer class action settlement involving allegedly sluggish Acer notebook computers, a Northern California federal judge sua sponte slashed the attorneys’ fees award sought by plaintiffs’ lawyers from the requested $2,542,246 to $943,217.  Wolph v. Acer Am. Corp., Case No. 3:09-cv-0-1314-JSW (N.D. Cal. Oct. 21, 2013). The named plaintiffs accused Acer of selling notebook … Continue Reading

Will Moldy Washing Machines Save the Consumer Class Action from Extinction?

Editor’s Note: This blog post was originally published on ClassActionBlawg.com and is reprinted with permission. One of the key questions in the aftermath of the Supreme Court’s recent decision in Comcast Corp. v. Behrend is the extent to which damages must be susceptible to classwide calculation in order to justify class certification.  In particular, the question is … Continue Reading

Another Blow to Data Breach Class Actions: Bell, et al. v. Blizzard Entertainment, Inc.

Editor’s Note: This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. On July 11, 2013, the U.S. District Court for the Central District of California dismissed a majority of the claims brought against Blizzard Entertainment, Inc. after a data breach suffered by Blizzard in 2012. In granting the motion for judgment on the pleadings, … Continue Reading

After Standard Fire Uncertainty Continues About the Legal Certainty Standard for CAFA Removal in California District Courts

Of all the recent landscape-shifting opinions the Supreme Court has issued in the class-action arena, perhaps none appear as straightforward as Standard Fire Insurance Co. v. Knowles, 133 S.Ct. 1345 (2013). Recall that in Standard Fire the Court laid down an explicit rule that a putative class-action plaintiff’s stipulation to seek damages of less than … Continue Reading

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

When the judge deciding a motion for class certification begins his Opinion by describing the proposed class as a “Frankenstein monster,” you don’t need to be very prescient to predict the outcome of the motion. In The Football Association Premier League Limited v. YouTube, Inc., Judge Louis Stanton refused to certify a class of plaintiffs pursuing … Continue Reading

Supreme Court Denies Cert on Preclusion Issue Post Decertification in Florida Tobacco Case…And Once Again, Decertification Proves to Be a Hollow Victory

Last week, on November 26, 2012, the United States Supreme Court denied cert in one of the thousands of individual cases pending in the aftermath of Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), where the State of Florida took on the tobacco industry.  In R.J. Reynolds Tobacco Co. v. Clay, Case … Continue Reading

Abrams, Commins and Foix Publish “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation in the United States” in 2013 Antitrust Review of the Americas

The 2013 Antitrust Review of the Americas features an article by Baker Hostetler Antitrust Group Chair Robert G. Abrams, Partner Gregory J. Commins Jr. and Counsel Danyll W. Foix. “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation in the United States” examines recent developments in antitrust class action case law over the past two years … Continue Reading

Call Centers Increasingly Targeted in Class Action Lawsuits for Statutory Penalties Under Decades-Old California Law

Editor’s Note – This article is a joint submission to the Baker Hostetler Class Action Lawsuit Defense Blog and Data Privacy Monitor. Be sure to check out the Data Privacy Monitor for the latest news, trends, and analysis on data privacy issues.  Companies that provide call center services to consumers are increasingly being targeted in class action … Continue Reading

Ohio Reduces Statute of Limitations

Editor’s Note: The following is a reprint of a BakerHostetler Class Action Defense Team Executive Alert released earlier today.  Due in part to efforts of the BakerHostetler Columbus office Class Action Defense Team, Ohio has adopted a new statute of limitations for breach of written contract that, effective September 28, 2012, reduces the limitations period from 15 … Continue Reading

Supreme Court Declines to Take on the Issue of Issue Certification

A definitive ruling on whether courts may certify class actions to decide discrete issues, as opposed to cases or claims, will have to wait.  Last Monday, the United States Supreme Court denied a writ of certiorari to review the Seventh Circuit Court of Appeals’ ruling in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 672 F.3d 482 … Continue Reading

Future of International Class Actions in the U.S. Courts May Be at Stake in Upcoming Supreme Court Case

Editor’s Note – This article was co-authored by Tina Amin and Paul Karlsgodt in the firm’s Denver office Today is Talk Like a Pirate Day, which is always a reminder of the Alien Tort statute (“ATS”), an arcane law that was originally enacted in 1789 in part to combat piracy.  In recent years, the ATS … Continue Reading

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

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

Tenth Circuit Holds that Mere Allegation by Plaintiff of Intent Not to Seek More than $4,999,999.99 in Damages Is Not Dispositive of CAFA Jurisdiction

Yesterday, the Tenth Circuit joined the majority of Circuit Courts of Appeals in holding that a plaintiff cannot conclusively avoid federal removal jurisdiction under the Class Action Fairness Act of 2005 (CAFA) by including in the complaint a statement of intention not to seek more than $4,999,999.99 in damages on behalf of the putative class.  … Continue Reading

The Importance of a Defendant’s Active Participation in Class Action Settlement Administration

A class action settlement has been reached. The agreement is inked. You have preliminary approval. A class action settlement administrator has been hired. In many respects, the hard part is over, but that does not mean that either the defendant or defense counsel can become complacent. There are still a variety of steps that must … Continue Reading

Individual Causation Issues and Lack of Uniformity in Sales Practices Mean No Certification in Consumer Fraud Class Action

The United States District Court for the Northern District of Illinois recently refused to certify a proposed class in a dispute against an insurance company selling annuities to seniors because individualized inquiries into the company’s sales presentations precluded satisfaction of the predominance criterion required for certification.  In Rowe et al. v. Bankers Life and Casualty … Continue Reading

ERISA Class Actions Still Being Certified Post-Dukes

Editor’s Note: This Entry is a Joint Submission to the Baker Hostetler Class Action Lawsuit Defense and Employment Class Action Blogs.  Be sure to check the employment team’s blog at www.employmentclassactionreport.com for more great content relating to the defense of employment-related class actions. ERISA class certification motions routinely cite cases for the proposition that ERISA cases are the paradigmatic example of … Continue Reading

Northern District of California Decision Highlights Impact of Prior Settlements on Subsequent Related Class Actions

The United States District Court for the Northern District of California recently issued an order demonstrating the effects that a release in a settlement in one class action may have on claims in subsequent class actions.  In McNeary-Calloway v. JP Morgan Chase Bank, N.A., Case No. C-11-03058 JCS, United States Magistrate Judge Joseph C. Spero … Continue Reading

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

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

The Supreme Court’s Shady Grove Decision – Erie Unexplained

The Supreme Court’s decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Ins. Co., 130 S. Ct. 1431 (2010) does little to clarify the application of the Erie Doctrine.  While many courts endeavor to apply and follow Erie, the classification of statutes and rules as “substantive” or “procedural” is far from uniform.  In a plurality … Continue Reading
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