During a span of less than two months, a group of Arkansas lawyers filed 22 class action suits in Lonoke County, Arkansas, alleging violations of the Magnuson-Moss Warranty Act. Here are five key items to know:
Class Action Countermeasures
Latest from Class Action Countermeasures
Eleventh Circuit Denies En Banc Request, Confirms Holding that Class Action Incentive Payments are Improper
On Wednesday, August 3, 2022, the Eleventh Circuit confirmed the groundbreaking decision that incentive payments given to a named plaintiff in a class action are improper by denying a petition for rehearing en banc that had been pending for almost…
Eleventh Circuit Vacates Class Certification and Settlement Based on Lack of Standing for Class Members
In Drazen v. Pinto, –F.4th–, 2022 WL 2963470 (July 27, 2022), the Eleventh Circuit vacated a district court’s decision to certify a class under Rule 23 and approve the class settlement because the class included members who lacked Article III…
Sixth Circuit Addresses Pre-Certification and Post-Certification Engagement of Potential Class Members in Class Actions
Appellee Thomas Fox and others failed to pay their delinquent property taxes in certain Michigan counties and had their property foreclosed on and sold. However, the counties kept all of the sale proceeds and not just the money that was…
Seventh Circuit Vacates 25% Attorneys’ Fee Award
The 7th Circuit recently vacated a 25% attorneys’ fee award in In re Stericycle Securities Litigation, No. 20-2055, 2022 WL 1564997, at *1–14 (7th Cir. May 18, 2022). The Court’s reasoning focused on the previous litigation against the defendant.
Years…
Seventh Circuit Strikes Down Stealth Class Actions
In Ali v. City of Chicago, —F.4th—, 2022 WL 1548176 (May 17, 2022), the Seventh Circuit Court of Appeals recently struck down one litigant’s attempt to employ a “stealth” class action.…
Seventh Circuit Construes CAFA Exception for the First Time
The 7th Circuit in Schutte v. Ciox Health, LLC., construed the Local Controversy Exception to the Class Action Fairness Act.[1] CAFA’s Local Controversy Exception applies, in pertinent part, if “during the 3-year period preceding the filing of that…
Ninth Circuit Case Reflects Split Judicial Landscape Regarding Intervenors’ Appellate Rights in Class Settlements
A recent Ninth Circuit decision—In re Cathode Ray Tube Antitrust Litig., 20-15697, 2021 WL 4306895 (9th Cir. Sept. 22, 2021)—that prevented a group of plaintiffs from challenging the approval of a settlement award in a price-fixing case might be on…
Fourth Circuit Outlines Burden of Proof for Objector to Class Action Settlement
In 1988 Trust for Allen Children Dated 8/8/88 v. Banner Life Insurance Co., 2022 WL 774731 (4th Cir. Mar. 15, 2022), the Fourth Circuit identified the correct burden of proof required for a party to object to a proposed class…
Seventh Circuit Stresses the Distinction Between Article III Standing and Antitrust Standing
Last week, the Court of Appeals for the Seventh Circuit issued an opinion clarifying the distinction between two distinct, but often closely related concepts: Article III standing and the more prudential doctrine known as “antitrust standing.”…