Tag Archives: ninth circuit

Ninth Circuit Vacates Final Approval of National Settlement Class Action Certification

By Melonia A. Bennett on March 5, 2018 Posted in Consumer Class Action

Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded that the district court abused its discretion because it failed to “conduct a rigorous analysis to determine … Continue Reading

Ninth Circuit Narrows Already Slim Exception to Rule Barring Post-Removal Amendments to Avoid CAFA Jurisdiction

By Alexander Quimby on June 28, 2017 Posted in Class Action Fairness Act

A plaintiff will rarely be permitted to amend its class action complaint after removal to avoid federal jurisdiction under the Class Action Fairness Act (CAFA). That is the takeaway from the Ninth Circuit Court of Appeals’ decision in Broadway Grill, Inc. v. Visa Inc., 856 F.3d 1274 (9th Cir. 2017), which further narrowed the already … Continue Reading

Ninth Circuit First to Take Up Offers of Judgment After Campbell-Ewald

By Justin Winquist on June 21, 2016 Posted in TCPA

Co-authored by: Erica L. Cook As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named plaintiff full relief on his or her individual claims under Fed. R. Civ. … Continue Reading

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

By Nicole Skolout on March 27, 2013 Posted in Class Certification, Consumer Fraud, Settlements

In a recent decision, In re Baby Products Antitrust Litigation, 2013 U.S. App. LEXIS 3379 (3d Cir. Feb. 19, 2013), the Third Circuit vacated the district court’s order approving a $35.5 million class action settlement which provided for the distribution of remaining settlement funds, after individual distributions were made to claimants and costs and attorneys’ … Continue Reading

A Big Week for the Securities Bar: Amgen and Gabelli

By Deborah Renner on March 13, 2013 Posted in Class Certification, Commonality, Injunctions, Practice Pointers, Predominance, Securities

Co-authored by: Marc D. Powers, Mark A. Kornfeld, and Jessie M Gabriel Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team and BakerHostetler’s Class Action Team. The Supreme Court last week issued two opinions of major importance to the securities bar. In Amgen Inc. v. Connecticut Retirement … Continue Reading

U.S. Supreme Court To Review Fifth Circuit’s SLUSA Decision in Stanford Ponzi Scheme Case

By Shawn P. Hough on January 28, 2013 Posted in Class Action Trends, Securities

Co-author: Frank Oliva The Supreme Court recently granted certiorari to examine the “in connection with” requirement of the Securities Litigation Uniform Standards Act (“SLUSA”) in Chadbourne & Parke LLP v. Troice, No. 12-79. SLUSA generally precludes state law securities class actions when there is a misrepresentation or omission “in connection with the purchase or sale … Continue Reading

Ninth Circuit: SLUSA Does Not Bar State Law Breach of Contract Claims

By Shawn P. Hough on January 15, 2013 Posted in Securities

The Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) is a federal law that bars state law securities class actions alleging misrepresentations or omissions related to the purchase or sale of certain covered securities. In an opinion filed on January 2, 2013, the Ninth Circuit held that SLUSA does not preclude certain state law securities … Continue Reading

Wal-Mart Sex Discrimination Plaintiffs Get a Second Bite at a Smaller Apple

By Casie Collignon on September 27, 2012 Posted in Class Action Trends, Class Certification, Class Definition, Equitable Relief, Rule 23 Requirements, Rule 23(b)(2) Class Actions

Last year, the Supreme Court ruled in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), that five named plaintiffs alleging nationwide sex discrimination class action claims did not satisfy Rule 23(a)’s commonality requirement and could not bring class claims for monetary relief under Rule 23(b)(2). In October of last year, the plaintiffs filed a … Continue Reading

The Use of the Cy Pres Doctrine in Class Settlements

By Melonia A. Bennett on July 24, 2012 Posted in Settlements

Co-authored by Rodger Eckelberry Defendants settle class actions to buy peace and put litigation behind them. Plaintiffs settle class actions to guarantee at least some recovery, and to avoid prolonged litigation. A settlement benefits no one, though, if the settlement is not approved by the court or if approval is reversed on appeal. The Ninth … Continue Reading

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

By Rodger Eckelberry on July 23, 2012 Posted in Discovery, Uncategorized

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

Is “Materiality” a Class Certification or Merits Issue?

By Patrick T. Lewis on July 12, 2012 Posted in Class Action Trends, Class Certification, Securities

Contributing Author: Taylor Jackson The Supreme Court agreed last month to hear an appeal from a Ninth Circuit case, Conn. Retirement Plans & Trust Funds v. Amgen, Inc., 660 F.3d 1170 (9th Cir. 2011), that affirmed an order certifying a securities fraud class based on the fraud-on-the-market theory. Plaintiffs alleged Amgen misrepresented the safety of … Continue Reading

Supreme Court Dismisses Statutory Standing Case

By Patrick T. Lewis on July 11, 2012 Posted in Civil Procedure, Class Action Trends, Insurance, Standing

Contributing Author: Christina Marino On the last day of the 2011 Term, the Supreme Court dismissed First American Financial Corp. v. Edwards, No. 10-708, 2012 WL 2427807 (June 28, 2012), a case that raised the issue of whether plaintiffs have standing to sue for violations of federal statutes, even when the plaintiffs have suffered no … Continue Reading

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

By Rodger Eckelberry on February 2, 2012 Posted in Consumer Fraud, Rule 23 Requirements

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

CAFA: Ninth Circuit Gives Deference to Plaintiff’s Jurisdictional Allegations Avoiding CAFA Removal

By Matthew J. Moody on January 2, 2012 Posted in Class Action Fairness Act

The Southern District of California’s recent decision in Montalvo v. Swift Transportation Corp., No. 11-cv-1827-L(BLM), 2011 WL 6399457 (S.D. Cal. Dec. 19, 2011) demonstrates how a class action plaintiff’s artful pleading regarding the amount in controversy can keep a case in state court. Plaintiff Montalvo was employed as a driver for Defendant, a truckload carrier … Continue Reading

Data Breach Class Actions on The Rise

By Matthew J. Moody on January 2, 2012 Posted in Data Breach

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