In a refreshingly plain-spoken opinion issued Aug. 6, a three-judge panel of the Third Circuit Court of Appeals criticized a multimillion-dollar class action settlement in litigation over Google’s unauthorized use of internet tracking “cookies,” remanding to the District Court for
Continue Reading Third Circuit Smacks Down Class Action Settlement in Google Cookie Placement Litigation
In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete harm” requirement for
Continue Reading Standing in Uncertainty: Spokeo Three Years Later
On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration.
In Lamps Plus, Inc. v. Varela, the Supreme Court voted 5-4 to
Continue Reading Supreme Court: Express Consent Required for Class Arbitration
The new year began with dramatic growth in vehicle total loss class actions over payment of sales tax and title transfer and registration fees, interpretations of the filed rate doctrine, and further activity in labor depreciation class actions.
Read the
Continue Reading BakerHostetler Q1 2019 Insurance Class Action Update
Are absent members of an uncertified class or Fair Labor Standards Act (FLSA) collective action “parties” and thus “represented” by plaintiff’s counsel? If so, is defense counsel prohibited from speaking with absent class members? At first glance, the answer would
Continue Reading Caution: Precertification Communications with Absent Class Members
Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23. The Supreme Court has repeatedly
Continue Reading Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification
The Eighth Circuit recently vacated a district court’s final approval of a proposed class action settlement agreement because it did not assess the plaintiff’s standing before approval. Schumacher v. SC Data Center, Inc., 912 F.3d 1104 (8th Cir. 2019).
Continue Reading Eighth Circuit Remands Case for Standing Evaluation Before Settlement Approval
The final quarter of 2018 witnessed a number of new twists on old theories in class actions involving auto and homeowners claims and coverages, as well as further activity in some long-running class actions. Read BakerHostetler’s Q4 2018 Insurance Class
Continue Reading Q4 2018 Insurance Class Action Update
In this era where there appears to be a new data security incident announced each month, there is surprisingly little class certification jurisprudence for data security class actions. Indeed, to date we know of only four decisions that have addressed
Continue Reading Courts Remain Skeptical of Certifying Data Privacy Class Actions
The past quarter has seen several new types of class actions against insurers and new twists on the well-worn theory of total loss claims, as well as some new life breathed into long-running labor depreciation class actions.
Continue Reading BakerHostetler Q3 2018 Insurance Class Action Update
