Recently, in a major win for employers and companies that transact business on the internet, the Ninth Circuit upheld the use of arbitration class-action waivers in so-called clickwrap agreements. These types of agreements are commonplace—consumers installing software or signing up
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 8
Yaakov v. FCC – Will TCPA Opt-Out Requirements Be Stricken for Permissive Faxes?
By its express terms, the Telephone Consumer Protection Act (TCPA) applies only to unsolicited faxes. 47 U.S.C. § 227(b)(1)(C) & (a)(5). However, in May 2006, the FCC promulgated new rules concerning fax advertisement transmissions that stated that “[a] facsimile advertisement…
District Court Adopts “Weak” Test of Ascertainability, Certifies Class of Corn Producers in Suit Against Syngenta over Commercialization of Genetically Modified Corn Seed Products
A District Court in Kansas added to an increasing debate in the federal courts over class ascertainability when it certified a class of 440,000 U.S. corn producers in a suit against Swiss global agribusiness Syngenta AG (Syngenta) over the company’s…
Third Circuit Sets Framework for Numerosity Requirement
Yesterday, in In re Modafinil Antitrust Litig., 3d Cir. No. 15-3475 the Third Circuit provided a framework for analyzing the oft-overlooked numerosity requirement of Rule 23(a)(1).. The court’s decision both clarified and seemingly bolstered the numerosity threshold.
The district court…
Sixth Circuit Vacates Class Settlement, Finding that Sealed Documents Prevented Objectors from Assessing Settlement’s Fairness
By Ann Yackshaw
This summer, the Sixth Circuit rejected class action litigants’ filing of the bulk of their class settlement documents under seal. Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299 (6th Cir. 2016). The Sixth Circuit’s decision…
Sanctions Imposed on Five Attorneys for Class Settlement Forum Shopping
Five Arkansas attorneys have been formally reprimanded by a federal judge in the Western District of Arkansas after stipulating to dismissal “for the purposes of seeking a more favorable forum and avoiding an adverse decision” in connection with the approval…
Signed, sealed, delivered, but not dismissed: the Sixth Circuit takes on Campbell-Ewald’s offered vs. delivered distinction
By Stanley Ball
Following the Supreme Court’s January decision in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) that a defendant cannot moot a plaintiff’s individual claim by simply offering to satisfy the plaintiff’s demand before a motion for class certification is…
Second Circuit Confirms Ability of Defendants to Challenge and Defeat Class Certification Even After Loss in Jury Trial
By Danyll Foix
The Second Circuit’s recent post-trial decertification of the class in Mazzei v. The Money Store, et al. has garnered attention about decertification as a defense strategy. The decision confirms that plaintiffs’ burden to prove compliance with Rule 23 requirements does…
Concrete and Particularized Part III: Initial Circuit Court Reactions to Spokeo
In the two months since the U.S. Supreme Court issued its much-awaited decision in Robins v. Spokeo, 136 S. Ct. 1540 (2016), a handful of federal circuits have applied the decision to pending disputes over Article III standing. Consistent with…
First Circuit Subscribes to a Minority View: Free App Users Allowed to Proceed With Privacy Class Action Under the Video Privacy Protection Act
In Yershov v. Gannett Satellite Information Network, Inc., 2016 U.S. App. LEXIS 7791 (1st Cir. Apr. 29, 2016), the First Circuit held that users of free mobile applications, or “apps,” can bring a claim against an online service provider if…