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
Class Action Countermeasures
The Class Action Countermeasures blog, published by McGuireWoods LLP, focuses on legal developments and strategies related to defending against class action lawsuits. It covers topics such as class certification challenges, jurisdictional issues in bankruptcy and federal courts, statutory interpretations affecting class claims, and recent appellate decisions impacting class action litigation. The blog also addresses regulatory enforcement actions, consumer protection statutes like the Equal Credit Opportunity Act and the Telephone Consumer Protection Act, and the assessment of attorneys' fees in class settlements. It provides analysis relevant to litigators, corporate counsel, and others involved in managing class action risks and defenses.
Latest from Class Action Countermeasures - Page 3
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
By Trent Taylor & Andrew Gann
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
By Trent Taylor & Andrew Gann
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.”…
Eleventh Circuit Denies Petition to Appeal a Sua Sponte Remand of a “Class Action”
In Ruhlen v. Holiday Haven Homeowners, Inc., 11th Cir. No. 21-90022, 2022 WL 701622 (11th Cir. Mar. 9, 2022), the Eleventh Circuit denied a petition for permission to appeal a district court’s sua sponte remand of a case to state…
Fourth Circuit Upholds Class Settlement Despite Absent Class Member’s Objections to Notice, Fees, and Scope of Release
By Trent Taylor & Andrew Gann
On a question of first impression in the Fourth Circuit, McAdams v. Robinson, 2022 WL 401806 (4th Cir. Feb. 10, 2022) concluded that absent class members[1] objecting to a magistrate judge’s jurisdiction over settlement are not “parties” under 28…