On June 6, 2017, in Kamal v. J. Crew Grp, Inc., No. CV 2:15-0190, 2017 WL 2443062 (D.N.J. June 6, 2017), the United States District Court for the District of New Jersey dismissed a plaintiff’s second attempt to assert a
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 6
DC Circuit Denies Intervenors’ Petition for Rehearing En Banc After Striking Down FCC Regulations Requiring Opt-out Notifications on Solicited Fax Advertisements
On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications, holding that the TCPA did not grant the FCC the authority to impose such a requirement when, by its express terms,…
Fifth Circuit Questions the Use of Claim-splitting Tactic by Plaintiff; Orders District Court to Consider Whether Plaintiff’s Proposal Destroys Adequacy
On May 9, the Fifth Circuit Court of Appeals issued a decision in Slade v. Progressive Sec. Ins. Co, Case No. 15-300010, 2017 WL 1843737 (5th Cir. May 9, 2017), in which the court discussed how the practice of claim…
Sixth Circuit Adds to Circuit Split About the Enforceability of Class and Collective Action Waivers in Employment Arbitration Agreements
The Sixth Circuit just became the third federal court of appeals to hold that an arbitration provision requiring employees covered by the National Labor Relations Act (NLRA) to arbitrate individually all employment-related claims is not enforceable. Nat’l Labor Relations Bd.…
‘Excessive’ Shipping Fees May Be Next Target of Consumer Class Actions
Retailers offering online, telephone or catalog purchases may want to review the shipping fees charged to their customers in the wake of several class actions recently filed in California. Multiple retailers have been hit with consumer class actions challenging their…
Will the Supreme Court Address the Growing Uncertainty in Class Certification Injury Standards?
By Danyll Foix
Recent years have seen some upheaval in the lower courts on whether classes may be certified when they include members who lack actual injury. So far, however, the Supreme Court has declined to address this issue, thus increasing uncertainty and…
Substantial Risk of Harm in Data Breach Class Actions Ripe for Supreme Court Review
Early in May, the U.S. Court of Appeals for the Second Circuit in Whalen v. Michaels Stores, Inc., No. 16-260 (L) (2d Cir. May 2, 2017), affirmed the dismissal of a data breach class action brought against Michaels Stores Inc.…
Ninth Circuit Dismisses Consumer Claims Challenging Scientific Substantiation
On April 21, 2017, the Ninth Circuit affirmed the dismissal of two putative class actions against manufacturers of human growth hormone (HGH) supplements. The actions centered on allegations that the defendant falsely advertised the benefits of the supplements. Specifically, the…
Game On: Supreme Court to Decide Whether Xbox Plaintiffs Can Create Appellate Review
Recently, the United States Supreme Court heard argument in Microsoft Corp. v. Baker,[1] a case that may significantly impact class-action defense and appellate jurisdiction. Plaintiff classes frequently want to immediately appeal orders denying class certification. But because these orders are…
D.C. Circuit May Have Finally Killed TCPA Class Actions Over Solicited Faxes Without Opt-Out Notices!
On Friday, in a split decision, the United States Court of Appeals for the District of Columbia Circuit entered its long-awaited ruling in Yaakov v. Federal Communications Commission, holding that “the FCC’s 2006 Solicited Fax Rule is [] unlawful to…