Judge Kavanaugh’s Limited Class-Action Jurisprudence Reveals a Healthy Skepticism for Class Actions

By BakerHostetler on September 26, 2018 Posted in Rule 23(b)(2) Class Actions, Supreme Court

By: Robert J. Tucker and Katherine R. Johnston* Judge Kavanaugh has had very few occasions to address the procedural mechanism of Rule 23. This is not surprising given that few class-action cases end up in the D.C. Circuit. But where he has, Judge Kavanaugh’s commentary suggests that he may be mindful of the realities and … Continue Reading

Price Comparison Class Actions Against Retailers Heat up in New York

By Jacqueline Matthews on March 17, 2016 Posted in Class Action Trends, Consumer Class Action

The common retail practice of comparing an item’s current price with a higher “original,” “regular,” or “MSRP” price has recently come under increasing fire from consumers, who say the higher comparison price is often fictitious and misleads shoppers into believing they are getting a better bargain than they really are. Over the past two and … Continue Reading

Class Action Claim for Excessive Fees is Not Covered by Bank’s Liability Policy

By Judy Selby on August 9, 2013 Posted in Insurance

A Georgia federal district court ruled on August 7th that a bank was not entitled to insurance coverage for class action claims based on its allegedly excessive overdraft fees. Fidelity Bank v. Chartis Specialty Insurance Company, 1:12-CV-4259-RWS (US Dist. Ct. ND Ga, August 7, 2013). Customers filed a class action lawsuit against Fidelity Bank, claiming … Continue Reading