Tag Archives: class certification

“Administrative Feasibility” Rejected in the Ninth Circuit

On Jan. 3, in Briseno v. Conagra Foods, Inc., Case No. 15-55727, the Ninth Circuit Court of Appeals held that Fed. R. Civ. P. 23 does not require class representatives to demonstrate that there is an “administratively feasible” means of identifying absent class members in order to certify a class. In rejecting the “administrative feasibility” … Continue Reading

Eighth Circuit Becomes First Appellate Court to Apply Halliburton II Price Impact Analysis

The Eighth Circuit has become the first federal circuit court to apply the Supreme Court’s Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (Halliburton II) decision. Relying on Halliburton II, the Eighth Circuit reversed the district court’s certification of a class of Best Buy shareholders in a Rule 10b-5 case. … Continue Reading

Notice to Unnamed Members of Putative Class After Plaintiff Accepts a Precertification Tender Under New York CPLR § 908

Under Federal Rule of Civil Procedure 23(e)(1), claims, issues, or defenses of a certified class may be settled, voluntarily dismissed, or compromised with the court’s approval. While many states look to the Federal Rules for guidance, there can be notable distinctions between Federal Rule 23 and its state counterparts. One such example is Vasquez v. … Continue Reading

Judge Scheindlin Approves Class Certification in Barclays High-Frequency Trading Securities Fraud Action

U.S. District Judge Shira Scheindlin of the Southern District of New York recently certified a class in Strougo v. Barclays PLC, 14 Civ. 5797 (SAS), (S.D.N.Y. Feb. 2, 2016), a high-profile securities class action based on the “price maintenance” theory. The plaintiffs alleged that Barclays made false or misleading statements by overstating the transparency and … Continue Reading

Barclays Bids to Halt High-Frequency Trading Class Action in Its Tracks

A high-profile class action against Barclays over so-called high-frequency trading is heading into a key phase this month, with the court set to decide plaintiffs’ motion for class certification—a pivotal moment in the case’s trajectory. Strougo v. Barclays Plc, 14-cv-05797 (S.D.N.Y.) began in July 2014, when a Barclays purchaser of Barclays American Depositary Shares (“ADSs”) filed … Continue Reading

Banks Win Class Certification in Target Data Breach Case

A federal court recently granted class certification to a group of financial institutions (the “Banks”) in the data breach case against Target Corporation (“Target”) arising from the December 2013 hacking of its computer system, which exposed the financial information of millions of customers. In re: Target Corp. Customer Data Security Breach Litigation, MDL Case No. … Continue Reading

Plaintiffs Fold on Their Full Tilt Poker Actions Following Court’s Rejection of Class Certification and Proposed Settlement

Weeks after having their motion for class certification denied and a proposed global settlement rejected, the plaintiffs in three actions against entities and individuals involved in the Full Tilt Poker Internet gambling operation have dismissed their claims without prejudice. This case illustrates the importance of due process considerations in representative actions. Full Tilt, PokerStars, and … Continue Reading

Judge Easterbrook Holds Unaccepted Offer of Judgment Does Not Moot an Individual TCPA Claim

As we covered here, the U.S. Supreme Court accepted certiorari in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), to decide the question of whether a full-relief offer of judgment under Federal Rule of Civil Procedure 68, made prior to the plaintiff’s moving for class certification, would moot a TCPA class action. The … Continue Reading

District Court Follows Supreme Court’s Lead in Halliburton, Allows Class Action to Proceed with Narrowed Factual Scope

Applying the Supreme Court’s landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (“Halliburton II”), which allowed companies facing securities fraud class actions to defeat certification by presenting evidence that their alleged false statements did not impact the company’s stock price, the district court on remand held that … Continue Reading

Class Certification of California Price Advertisement Case Gives Cause for Concern

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

Third Circuit Clarifies Standard for Ascertainability

In a recent ruling vacating denial of class certification, the Third Circuit provided guidance on the scope of the implied “ascertainability” requirement under Rule 23. Byrd v. Aaron’s, Inc., 2015 U.S. App. LEXIS 6190 (3d Cir. April 16, 2015) involved a putative class action against Aaron’s, which leases, among other things, laptop computers to consumers. … Continue Reading

BakerHostetler Antitrust Lawyer Examines Recent Development in Antitrust Class Action Litigation

The Antitrust Review of the Americas 2015 features a chapter by BakerHostetler antitrust partner Edmund W. Searby entitled, “United States: Private Antitrust Litigation – Class Actions.”  He wrote: “As many appreciate, two Supreme Court decisions in the last seven years have assisted the defense of antitrust class actions.  The first and most significant is the enhancement … Continue Reading

Court Takes Cue from Comcast v. Behrend, Certifies Class as to Liability but not Damages

Fort Worth Employees’ Retirement Fund v. J.P. Morgan Chase & Co. In what appears to be an increasingly common practice since the Supreme Court decided Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), the Southern District of New York recently certified a class as to liability, but rejected certification as to damages.  Fort Worth Employees’ … Continue Reading

In “Zombie” Class Action, Seventh Circuit Requires Plaintiffs to Present Evidence to Prove Home-State Exception to CAFA Jurisdiction

On Tuesday, the Seventh Circuit decided Myrick v. Wellpoint, Inc., Nos. 12-3882, 13-2230, 2014 WL 4073065 (Aug. 19, 2014), which held that plaintiffs were required to produce evidence—and not merely assumptions—about the citizenship of class members to establish the “home-state exception” to CAFA jurisdiction under 28 U.S.C. § 1332(d)(4). The case arose when a health insurer … Continue Reading

Low-Tech Proof In a High-Tech World: Northern District of California Denies Class Certification In Hulu Data Privacy Case

On June 16, the Northern District of California denied a motion for class certification in In re Hulu Privacy Litigation, No. C 11-03764 LB, ECF No. 111.  The plaintiffs in that action alleged that Hulu violated the Video Privacy Protection Act (“VPPA”) by disclosing personal identification information (“PII”) to third parties, including Facebook.  Hulu provides … Continue Reading

Loreto v. The Procter & Gamble Company: Southern District of Ohio Grants Motion to Strike Class Allegations in Consumer False Advertising Case

In a significant decision, the Southern District of Ohio granted, in full, the defendant’s motion to strike class allegations in a consumer false advertising class action before any significant discovery had taken place or the plaintiffs filed a motion for class certification.  Loreto v. The Procter & Gamble Company, No. 1:09-cv-815, 2013 U.S. Dist. LEXIS … Continue Reading

New Jersey Judge Certifies TCPA Junk Fax Class

In a significant decision for companies that engage in electronic marketing, a New Jersey federal judge certified a 23(b)(3) class claiming violations of the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. § 227(b)(1)(C)). In A&L Industries Inc. v. P. Cipollini Inc., case no. 2:12-cv-07598 in the U.S. District Court for the District of New Jersey, … Continue Reading

Seventh Circuit Says “Smallness” Is Not a Bar to Class Certification

Editor’s Note: This blog post was originally published on September 17, 2013, courtesy of Renner on Class Actions blog. It is repurposed with permission. In what it describes as an effort to advance the law of class certification, the Seventh Circuit last week issued a decision, written by Judge Posner, that many would say does just the … 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

Carrera v. Bayer Corporation: Third Circuit Vacates Class Certification Order on Ascertainability Grounds in Consumer False Advertising Case

The Third Circuit Circuit’s recent decision in Carrera v. Bayer Corporation, No. 12-2621 (3d Cir. Aug. 21, 2013), could have a significant impact on false advertising class actions involving the purchase of consumer products such as dietary supplements, foods and beverages, and cosmetics, where consumers generally do not save receipts or packaging, and manufacturers do … Continue Reading

Stammco, L.L.C. v. United Tel. Co. of Ohio, Addressing Rule 23 Requirements for Class Certification in Ohio

Editors’ Note:  This article was originally posted on Baker’s Employment Class Action blog. After eight years and two visits, the Ohio Supreme Court has issued an opinion that not only addresses key developments in federal class action jurisprudence, but also decided the underlying class certification question.  The resulting opinion will have a major impact on Ohio … 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

Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants

Co-authored by: Zack Rosenberg Although the Supreme Court continues to set the bar for class certification higher and higher, plaintiffs’ attorneys continue to file class action lawsuits of questionable merit.  The litigation costs required to gain dismissal of even groundless lawsuits are not insubstantial, and a defendant’s inability to fund a vigorous defense can make … Continue Reading

Seventh Circuit Allows Class Certification Despite Attorney Misconduct

Do you ever wonder how plaintiffs’ class action lawyers find their class representatives?  And whether there is any possibility of defeating class certification if their efforts are sleazy or downright unethical?  In the recent decision of Reliable Money Order, Inc. v. McKnight Sales Co., Inc., —F.3d —, No. 12-2599, 2013 WL 85937 (7th Cir. Jan. … Continue Reading
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