One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not have standing to sue. The First Circuit recently addressed this
Class Actions Insider
Class Actions Insider, published by Robinson & Cole LLP, focuses on developments and issues in class action litigation. The blog covers topics such as class certification standards, appellate decisions affecting class actions, strategies involving appeal bonds in class settlements, and procedural rules including potential amendments to federal class action rules. It also addresses jurisdictional questions under statutes like the Class Action Fairness Act and discusses litigation funding disclosures. The blog analyzes court rulings on consumer protection claims, insurance class actions, and the impact of individual issues on class treatment, providing insights relevant to both plaintiffs and defense counsel involved in class action practice.
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Premium Refund Theory in Insurance Class Action Rejected By Michigan Federal District Court
One theory that has been raised by plaintiffs’ lawyers in some insurance class actions is that policyholders should receive a partial refund of their premiums because they are not receiving the coverage they paid for, or coverage purchased is illusory.…
Cy Pres Distributions in Class Action Settlements Addressed By Eighth Circuit
Over the last several years, federal courts of appeals have been closely scrutinizing cy pres distributions to charitable organizations in class action settlements. This includes opinions by the First Circuit, Third Circuit and Ninth Circuit. The general thrust…
Thoughts on Trends in Insurance Class Actions in 2014
As 2014 comes to a close, here are a few observations on key trends I’ve seen in insurance class actions (and class actions more broadly) over the last year:
- Changes in the law have frequently led to new class action
…
Supreme Court Opinion in Dart Cherokee Basin v. Owens
Yesterday, the U.S. Supreme Court issued its opinion in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (slip opinion). Unsurprisingly, the Court held that a notice of removal under the Class Action Fairness Act does…
Offer of Judgment to Named Plaintiff Did Not Moot Putative Class Action, According to Eleventh Circuit
Following the Supreme Court’s decision in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), lawyers have debated whether a defendant can defeat a class action by offering full relief to the named plaintiff(s), either before a class…
State Enforcement Actions Following Class Settlements Addressed By Ninth Circuit
A recent Ninth Circuit decision caught my eye. It addressed whether a state enforcement action can be barred by a class action settlement on the same issue, finding that it was barred in part, to the extent the suit sought…
Class Action Settlement: Judge Posner Strikes Again At Excessive Plaintiffs’ Attorneys’ Fees
Judge Posner of the Seventh Circuit continues to be prolific in authoring class action-related opinions. I enjoy blogging about these decisions because they are entertaining to read and usually relatively short and to the point, making them easy to get…
Total Loss Valuations: Class Certified By Louisiana Federal Court
Insurers or their vendors generally use software to perform valuations of vehicles for total losses on auto insurance claims. This software will typically use databases of recent sales or prices offered for comparable vehicles in the area to estimate a…
Supreme Court Oral Argument in Dart Cherokee Basin v. Owens
The U.S. Supreme Court heard oral argument this week in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719 (SCOTUSblog page) (transcript). This case involves whether a defendant must provide evidence with its notice of…