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Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

September 22, 2021

On August 30, 2021, the U.S. Court of Appeals for the First Circuit issued a decision in Bais Yaakov of Spring Valley v. ACT, Inc. that addresses how plaintiffs can satisfy the predominance requirement in federal class actions. (The opinion (“Op.”) is available here). The decision held that on the facts of this case, the plaintiff could not establish predominance because individualized proof would be required on at least one element of the claim.…

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TransUnion v. Ramirez: New Standing Decision Presents Strategic Considerations for Class Action Defendants

By Wystan Ackerman

June 28, 2021

Last Friday, the U.S. Supreme Court issued a new decision on the requirement that plaintiffs have “standing” to sue in federal court. More specifically, the Court addressed what is required for a plaintiff to demonstrate “concrete harm.” Following this decision, defendants in class actions will have significant strategic decisions to make about whether and when to challenge the standing to sue of class members. In TransUnion LLC v. Ramirez, Sergio Ramirez learned that TransUnion,…

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Are Incentive Awards for Named Plaintiffs in Class Actions Allowed? Not According to the Eleventh Circuit

By Wystan Ackerman

September 21, 2020

A recent decision by the Eleventh Circuit struck down a practice that is commonplace in class action settlements—providing a modest incentive award to a named plaintiff. In Johnson v. NPAS Solutions, LLC, No. 18-12344, 2020 WL 5553312 (11th Cir. Sept. 17, 2020), the district court, as part of the final approval of a class action settlement, approved a $6,000 incentive award for the named plaintiff. An objector to the settlement challenged the incentive award…

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Upcoming Webinar on COVID-19 Business Interruption Insurance Class Actions

By Wystan Ackerman

May 16, 2020

Over the last several weeks, numerous putative class actions have been filed against insurers seeking coverage for business interruption claims arising from the COVID-19 pandemic. On May 21, 2020, I will be a panelist, along with Robert M. Cooper of Boies Schiller Flexner LLP and Mark P. Rapazzini of Heffler Claims Group, in a Perrin Conferences webinar entitled “Coronavirus Business Interruption Insurance Class Action Lawsuits: Coverage and Certification Issues.” The webinar will highlight the insurance…

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Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New Decisions

By Wystan Ackerman

March 12, 2020

This week the D.C. Circuit and Seventh Circuit issued decisions addressing a question that has been hotly debated by class action lawyers on the plaintiffs’ and defense sides: whether the Supreme Court’s decision on personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) (blog post) applies to class actions, and if so, how. Bristol-Myers held that in a mass action, a California state court lacked…

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Supreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification

By Wystan Ackerman

February 28, 2020

Believe it or not, the Supreme Court of the United States just decided whether “to have ‘actual knowledge’ of a piece of information, one must in fact be aware of it.” The Court said “yes,” and it was unanimous. Most non-lawyers (and even some lawyers) would probably be surprised that this issue was even being debated. But it was a question that had divided the lower courts, with the Sixth Circuit ruling that “actual knowledge”…

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Tendering Full Relief to Moot a Class Action: It’s Still Possible in Illinois

By Wystan Ackerman

February 24, 2020

When a business is sued in a proposed class action and there is only a small amount at stake on the named plaintiff’s claim, often one of the first thoughts that comes to mind is: can’t we just pay the full value of the named plaintiff’s claim and make the case go away? As you might imagine, this is a tactic that has been attempted for decades, since the advent of modern class actions. It’s…

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Superiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class Certification

By Wystan Ackerman

February 11, 2020

A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an opportunity to change its practices in response to the change (or clarification) in the law. This decision highlights several arguments that defendants can make in defending against class certification in this type of case. Morrison v. Esurance …

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Ninth Circuit Reverses Class Action Settlement Based on Notice Concerns and Insufficient Scrutiny

By Wystan Ackerman

December 13, 2019

Class action settlements are complicated. They often take months to negotiate. The last thing the lawyers or their clients on either side want to happen is for the trial court to deny approval or, even worse, for an appellate court to overturn a decision approving the settlement when an objector appeals. That happened earlier this week in the Ninth Circuit. Its decision provides some guidance on how counsel can help the trial court through the…

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Sixth Circuit Reminds District Courts and Defendants That Notice Must Be Given Before Binding Class Members

By Wystan Ackerman

December 9, 2019

A recent decision by the U.S. Court of Appeals for the Sixth Circuit provides an important reminder that if defendants want absent class members to be bound by a summary judgment ruling in their favor, generally they must insist that notice be given to the class before that ruling is made. In Faber v. Ciox Health, LLC, No. 18-5896, 2019 WL 6596501 (6th Cir. Dec. 5, 2019), the plaintiffs sued a medical-records provider, alleging that…

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Blog Authors

Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

TransUnion v. Ramirez: New Standing Decision Presents Strategic Considerations for Class Action Defendants

Are Incentive Awards for Named Plaintiffs in Class Actions Allowed? Not According to the Eleventh Circuit

Upcoming Webinar on COVID-19 Business Interruption Insurance Class Actions

Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New Decisions

Supreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification

Tendering Full Relief to Moot a Class Action: It’s Still Possible in Illinois

Superiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class Certification

Ninth Circuit Reverses Class Action Settlement Based on Notice Concerns and Insufficient Scrutiny

Sixth Circuit Reminds District Courts and Defendants That Notice Must Be Given Before Binding Class Members

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