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

By Elizabeth Schutte on August 28, 2015 Posted in Class Certification, RICO

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

The Sixth Circuit Expands American Pipe Tolling

By Elliot Morrison on July 13, 2015 Posted in Rule 23(b)(2) Class Actions

On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny of the U.S. Supreme Court’s famous decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). Dukes and Phipps both involved allegations of … Continue Reading

Individualized Causation and Reliance Defenses Render Class Representative Inadequate in the Northern District of Illinois

By Raj Chohan on February 25, 2013 Posted in Adequacy of Representation, Consumer Fraud, Injunctions, Predominance, Rule 23 Requirements, Rule 23(b)(2) Class Actions

Class action defense practitioners routinely face uphill battles on the issue of individualized defenses for class members. However, these arguments should not be overlooked as tools to defeat class certification. Lipton v. Chattem, Inc., No. 11 C 2952, 2013 WL 489147 (N.D. Il. Feb. 8, 2013), a recent case out of the Northern District of … Continue Reading