A new Seventh Circuit decision – Santiago v. City of Chicago – bolsters the strategy among some class action defense lawyers to not bifurcate class certification and merits discovery.[i] This strategy instead contemplates that the opposition to Plaintiff’s class
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Georgia Supreme Court Ruling “in tension” with SCOTUS Precedent on Personal Jurisdiction
Many states have statutes establishing that, as a condition of registering to do business in a state, a foreign corporation consents to general personal jurisdiction in that state. Since the Supreme Court’s decision in Daimler AG v. Bauman, 571 U.S.…
Associations, stand down: Sixth Circuit Casts Doubt on Associational Standing
In Association of American Physicians & Surgeons v. United States Food and Drug Administration (“AAPS”), __ F.4th __, 2021 WL 4097325 (6th Cir. Sept. 9, 2021), the Sixth Circuit Court of Appeals recently cast doubt on the continued viability of…
Ninth Circuit Gives Defendants Breathing Room to Challenge Personal Jurisdiction at Class Certification
Last year, the Seventh and D.C. Circuits addressed the contours of personal jurisdiction in federal class actions. Now, the Ninth Circuit Court of Appeals has joined the mix in Moser v. Benefytt, Inc., __ F.4th __, 2021 WL 3504041…
How to ‘Commence’ an FLSA Lawsuit: More Than Meets the Eye
On July 16, in Smith v. Professional Transportation Inc.,[1] the Seventh Circuit answered what might at first seem like an unnecessary question: how does a plaintiff “commence” an FLSA lawsuit? Under most circumstances, of course, a named plaintiff need…
Courts’ Clashing Standards For Evidence At Class Cert.
The following article originally appeared on Law360 (Part 1 and Part 2).
In the 2013 case Comcast Corp. v. Behrend,[1] the U.S. Supreme Court explained that a party seeking class certification must satisfy the requirements of Federal Rule of…
Florida Enacts Mini-TCPA
On June 29, Gov. Ron DeSantis signed into law Senate Bill 1120, which amends the Florida Telemarketing Act and creates a state-law analog to the federal Telephone Consumer Protection Act.
Read on to learn about five key features of the…
No-Injury Class Actions: U.S. Supreme Court Issues Final Ruling (Part II)
On June 25, 2021, the United States Supreme Court issued its opinion in TransUnion LLC v. Ramirez (“Ramirez”), holding that all plaintiffs, to include absent class members, must demonstrate that they have suffered a concrete harm in order to have Article…
A New Avenue for Defendants in Securities Fraud Class Actions: Supreme Court Holds “Generic” Nature of Statements Is “Important Evidence” of Price Impact at Class Certification
Monday, the Supreme Court issued its highly anticipated ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, holding that the generic nature of an alleged misrepresentation may be important evidence of price impact to rebut the Basic presumption…
TCPA Standing: A New Circuit Split and Other Developments
Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is enough to satisfy…