In recent years, and in particular since decisions like AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), a powerful defense to consumer class actions has been arbitration agreements that include class waivers. The Supreme Court’s recent decision in DIRECTV,
Class Action Lawsuit Defense
Class Action Defense News, Developments and Commentary
The Class Action Lawsuit Defense blog, published by Baker & Hostetler LLP, focuses on legal developments and strategic considerations in defending against class action lawsuits. It covers trends and updates in insurance-related class actions, multidistrict litigation procedures, and evolving judicial attitudes toward incentive awards for class representatives. The blog also addresses emerging issues such as PFAS litigation and regulatory challenges impacting class certification and defense strategies. It provides analysis of appellate decisions, procedural rule proposals, and the implications of class action settlements, offering insights relevant to corporate defendants and legal practitioners involved in complex class action defense.
Latest from Class Action Lawsuit Defense - Page 10
Circuits Clash Over Ascertainability Standard
The Third and Seventh circuits have reached a sharp divide during the past year over the meaning of the implied “ascertainability” prerequisite to class certification. The Third Circuit affirmed a narrow version of ascertainability in Byrd v. Aaron’s Inc., 784…
Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions
In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to show both the existence of…
Price Comparison Class Actions Against Retailers Heat up in New York
The common retail practice of comparing an item’s current price with a higher “original,” “regular,” or “MSRP” price has recently come under increasing fire from consumers, who say the higher comparison price is often fictitious and misleads shoppers into believing…
Supreme Court Nixes Defendants’ Attempts to Get Rid of Class Actions by Making “Pickoff” Offers to Settle Named Plaintiffs’ Individual Claims
Editor’s Note: Originally published by the Columbus Chamber of Commerce, this article appeared on their website March 10 2016. It is republished to BakerHostetler’s Class Action Lawsuit Defense blog with their permission.
The Supreme Court recently held that a defendant cannot…
Notice to Unnamed Members of Putative Class After Plaintiff Accepts a Precertification Tender Under New York CPLR § 908
Under Federal Rule of Civil Procedure 23(e)(1), claims, issues, or defenses of a certified class may be settled, voluntarily dismissed, or compromised with the court’s approval. While many states look to the Federal Rules for guidance, there can be notable…
Sixth Circuit Reverses Dismissal, Under First-to-File Rule, of Action Brought by Putative Class Members of Earlier-Filed Class Action
Last week, in Baatz v. Columbia Gas Transmission LLC, No. 15-3208, 2016 WL 731900 (6th Cir. 2016), a panel of the Sixth Circuit Court of Appeals reversed the dismissal of a lawsuit brought by a group of landowners in Medina,…
California Court Rejects Tuna Settlement Over Scope of Release
In recent years, courts have been more carefully scrutinizing class action settlements. A recent example is Hendricks v. Starkist Co., Case No. 3:13-cv-00729 (N.D. Cal. Feb. 19, 2016), where the U.S. District Court for the Northern District of California denied final…
BakerHostetler 2015 Year-End Review of Class Actions
The 2015 edition of BakerHostetler’s popular Year-End Review of Class Actions is out! You can download here. The Review is a collaboration between the Firm’s Class Action Defense, Antitrust and Competition,Privacy and Data Protection, Securities…
2015 Securities Class Actions by the Numbers
2015 was a busy, fast-paced year for securities class action filings.
According to a report published by NERA Economic Consulting, 234 federal securities class action complaints were filed in 2015. This is the highest number of filings since 2008 and…