McGuireWoods partners Davis Walsh and Samuel Tarry are editors of a timely new book providing practical guidance for handling infectious disease litigation, from COVID-19 pandemic disputes to localized outbreaks that require specialized knowledge. “Infectious Disease Litigation: Science, Law &
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 6
Firearms Manufacturers Shoot Down Class Action With Article III Defense
Since the Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins, Article III standing has continued to be a major focus in federal courts. The Sixth Circuit’s opinion in Primus Group, LLC v. Smith & Wesson Corp., et…
Eleventh Circuit Deepens Circuit Split on Administrative Feasibility
Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite to certification under Rule 23, deepening a split with the First, Third, and Fourth Circuits. In Cherry v. Dometic…
Sixth Circuit Widens Circuit Split On Class Action Incentive Payments
By Trent Taylor & Andrew Gann
On September 18, 2020, we wrote an article discussing how the United States Court of Appeals for the Eleventh Circuit in Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir. 2020) held that class action incentive payments were improper because…
Santa’s List of Names Does Not Define a Class
By Trent Taylor & Andrew Gann
For more than a decade, United States District Courts have taken a stark approach to the need for appropriate class definitions and ascertainability in federal class actions. Mueller v. CBS, Inc., 200 F.R.D. 227, 233 (W.D. Pa. 2001) (a class…
Class Actions, COVID-19, and Class-Action Waivers: The Triple Whammy
By Andrew Gann
Earlier this year, we posted a three-part series on the Coronavirus and Class Action litigation (Part One, Part Two, and Part Three of our Coronavirus and Class Action litigation series). More recently, and almost a month ago,…
Does Continued Collection of The Same Biometric Information Increase BIPA Violations? The Seventh Circuit (or Illinois Supreme Court) Has An Opportunity to Clear the Air
By Anthony Q. Le & Andrew Gann
On October 13. 2020, White Castle System, Inc. petitioned the United States Court of Appeals for the Seventh Circuit for permission to seek an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). This petition arises out of the United States…
Eleventh Circuit Panel Finds Class Action Incentive Payment Improper
By Andrew Gann & Trent Taylor
On September 17, 2020, in a potentially groundbreaking decision that could have huge implications for the future of class actions, a split panel of the Eleventh Circuit held that incentive payments given to a named plaintiff in a class action…
A New Cost-Effective Approach To Class Action Discovery
Despite the ongoing COVID-19 pandemic, plaintiffs continue to file class actions, shouldering defendants with potentially massive discovery costs. With the economic slowdown associated with the pandemic, businesses face increased pressure to manage litigation costs like these. One way to manage…
Campus Conundrum: Defeating COVID-19 Class Actions in Higher Education
By Andrew Gann
In response to governmental recommendations, stay-at-home orders, and shelter-in-place orders, colleges and universities transitioned to distance learning to keep their students, staff, visitors, and communities safe and healthy. Nonetheless, the plaintiffs’ bar has viewed this as an opportunity to pounce…