Tag Archives: class action

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

Eighth Circuit Denies Certification of UCL Claim

The Eighth Circuit’s 2010 decision in Avritt v. Reliastar Life Insurance Co., 615 F.3d 1023 (8th Cir. 2010) denied class certification for, among other claims, a California Unfair Competition Law claim where class members could not prove through uniform evidence that the defendants engaged in misconduct.  Two subsequent California federal cases have, however, not been … Continue Reading

Colorado Supreme Court Asks: Where’s the Beef?

Plaintiffs repeatedly, and sometimes successfully, urge class certification after painting a pretty picture of liability with little or no attention whatsoever to the details of the actual evidence that both sides will present at trial.  However, the Colorado Supreme Court recently issued four cases on the same day that asked both parties: where’s the evidence? Here … Continue Reading

Data Breach Class Actions on The Rise

A recent Ninth Circuit decision will allow a class action brought under California’s Song-Beverly Credit Card Act (Song-Beverly Act) against Louis Vuitton to proceed in federal court.  In Morey v. Louis Vuitton North America, Inc., No. 11-56916, 2011 WL 6256963 (9th Cir. Dec. 15, 2011), Plaintiff filed a putative class action against Louis Vuitton for … Continue Reading
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