Tag Archives: sixth circuit

Sixth Circuit Requires Actual Economic Injury for Price Comparison Class Actions

Photo of Jacqueline MatthewsBy Jacqueline Matthews on Posted in Advertising Class Action, Consumer Class Action
Earlier this week, the Sixth Circuit flatly rejected a bid by a consumer to recover damages allegedly caused by Wish.com’s advertised price comparisons (opinion available here). The online marketplace uses struck-through manufacturers’ suggested retail prices next to products’ purchase prices, which plaintiff Gerboc alleged are misleading and caused him injury when he purchased a pair … Continue Reading

Signed, sealed, delivered, but not dismissed: the Sixth Circuit takes on Campbell-Ewald’s offered vs. delivered distinction

By Stanley Ball on Posted in Class Action Trends
Following the Supreme Court’s January decision in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) that a defendant cannot moot a plaintiff’s individual claim by simply offering to satisfy the plaintiff’s demand before a motion for class certification is filed, but must instead deliver that relief, the lower courts have struggled to identify when … Continue Reading

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes’ Standards for Class Certification but Leaves the Question of Daubert for Another Day

Photo of Casie CollignonBy Casie Collignon on Posted in Antitrust, Class Certification, Expert Testimony, Predominance, Rule 23 Requirements
Co-authored by: John B. Lewis, Dustin M. Dow, Patrick T. Lewis, Danyll W. Foix, and Rodger L. Eckelberry Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team, Employment Team, and BakerHostetler’s Class Action Team. On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case … Continue Reading

Disproportionately Favoring the Named Plaintiffs Kills Settlement, Says Sixth Circuit

Photo of Sam CamardoBy Sam Camardo on Posted in Adequacy of Representation, Class Certification, Consumer Fraud, Injunctions, Rule 23 Requirements, Settlements, Superiority
The Sixth Circuit recently limited defendants’ ability to craft settlements that disproportionately favor the class representatives.  Vassalle v. Midland Funding LLC, — F.3d –, 2013 WL 673517 (6th Cir. Feb. 26, 2013).  Though the court did not pass on the ubiquitous incentive award, its skepticism of “preferential treatment” for class representatives might cause district courts … Continue Reading

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those Requirements

Photo of Rodger EckelberryBy Rodger Eckelberry on Posted in Class Certification, Commonality, Issue Certification, Rule 23 Requirements
Co-author: Elizabeth Braverman In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more guidance on the requirements of commonality where plaintiffs allege discrimination resulted from a companywide delegation of … Continue Reading
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