When and how can a defendant in a putative class action defeat a proposed class? Defendants served with class action complaints frequently struggle with this question. Typically, defendants wait until class certification briefing following lengthy discovery to contest class treatment.
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 8
9th Circuit Saves Nationwide Settlement Classes
Sometimes settlement with a putative class of nationwide consumers is the best option for resolution. However, since the initial ruling of the Ninth Circuit in In re Hyundai & Kia Fuel Econ. Litig., the mechanism to go about doing so…
U.S. Supreme Court Rejects Third-Party Removal Under Class Action Fairness Act
By Trent Taylor & Andrew Gann
On Tuesday May 28, 2019, the United State Supreme Court declined to afford state court third-party, class action defendants the ability to remove a class action to federal court. See Home Depot U.S.A., Inc. v. Jackson, 17-1471 (May 28, 2019).…
California Court of Appeals Joins FCRA’s Mad Tea Party
The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in Culberson v. Walt Disney Parks & Resorts. The Culberson…
Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach
On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v California Check Cashing Stores LLC, the court
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Snap Removals – An Often Unconsidered Path to Federal Court
Any good litigator can tell you that removal is proper where there is diversity of citizenship and the amount in controversy exceeds $75,000. Diversity generally requires that no defendant be a citizen of the same state as the plaintiff. By…
The Most Important Class Action Decisions of 2018 and a Quick Look at What’s to Come
As the new year begins, this is a good time to recap two of the major Supreme Court decisions from the past year impacting class action law, and to look ahead to a couple big decisions on the horizon.
Looking…
Amendments to Rule 23 Are Now Live
A number of changes to Fed. R. Civ. P. 23 took effect on December 1, 2018. They’ve been in the works for some time, so no surprises, but now is a good time to summarize them. The changes deal primarily…
Seventh Circuit Allies With FCRA Class Action Plaintiffs on Spokeo Grounds.
Below, Richmond-based litigators Bryan A. Fratkin and Heidi E. Siegmund examine the Seventh Circuit’s recent holding that an employment applicant’s missed opportunity to address a background check constitutes sufficient injury to confer standing.
On August 29, the Seventh Circuit reentered…
Ninth Circuit Holds Collective Claims Made on Behalf of ERISA Plans Survive Motion to Compel Arbitration
In a published decision issued yesterday, the U.S. Court of Appeals for the Ninth Circuit held that collective claims for alleged breaches of fiduciary duty under ERISA were not subject to the arbitration agreements in plaintiff employees’ employment contracts. Instead,…