Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result. Yesterday, the Ninth Circuit issued
Consumer Class Defense Counsel
The Consumer Class Defense Counsel blog, published by Foley & Lardner LLP, focuses on legal issues related to defending consumer class actions. It covers topics such as class certification challenges, damages and injury analysis in class claims, consumer product labeling and safety regulations, compliance with federal consumer protection laws, and recent court decisions impacting class action settlements and attorneys' fees. The blog also addresses regulatory developments affecting manufacturers and importers of consumer products, including safety standards and labeling requirements. It provides insights into litigation strategies, regulatory compliance, and evolving legal standards in consumer class defense matters.
Latest from Consumer Class Defense Counsel - Page 8
Facing a Class Action Complaint as a Third-Party Defendant? Time to Get Comfortable in State Court
From the class action defense perspective, companies and counsel alike are almost always looking for an angle to move a state-filed putative class action to the more rigorous environment of the federal courts. Congress appreciated the benefits of a federal…
Employer’s Failure to Respond Waives Written Arbitration Agreement
Employers with mandatory arbitration agreements should be careful to re-affirm their commitment to such arbitration agreements in light of a recent state court decision in Texas, Adock v. Five Star Rentals/Sales, Inc., No. 04-17-00531-CV. The plaintiff in Adock was…
Conover v. Patriot Land Transfer: RESPA’s Statute of Limitations and Equitable Tolling Clash Again
A recent decision in Conover v. Patriot Land Transfer LLC[1] involves what appears to be a run-of-the-mill Section 8 RESPA claim that a title agency supplied borrower leads and data lists in return for lender referrals to the title…
Courts Solidify Reach of China Agritech
Circuit courts of appeal are solidifying the reach of the Supreme Court’s June 2018 decision in China Agritech v. Resh[1] and curtailing the availability of equitable tolling in class contexts. The Supreme Court’s decision in China Agritech, which we…
Supreme Court Sidesteps Class Settlement Issue to Remand, Questioning Article III Standing Under Spokeo
On March 20, 2019, in Frank v. Gaos, 586 U.S. ___ (2019), the United States Supreme Court sidestepped a novel question regarding a cy pres class action settlement, instead remanding the case back to the lower courts with instructions to…