Earlier this year, the Supreme Court in China Agritech Inc. v. Resh conclusively established that equitable tolling of the statute of limitations for putative class members – known as American Pipe tolling – applies only to class members’ individual claims,
Declassified
The Latest from the Class Action Battlefront
Declassified, published by Bradley Arant Boult Cummings LLP, focuses on developments and analysis in complex litigation and class action law. The blog covers topics such as class certification standards, circuit court splits on incentive payments to class representatives, biometric privacy class actions, financial negligence claims, and the application of evidentiary standards like Daubert at the class certification stage. It addresses procedural and substantive issues in federal and state courts, including statutory interpretation, litigation strategy, and recent appellate decisions affecting class actions and related business litigation. The content is aimed at legal professionals interested in nuanced litigation trends and case law updates.
Latest from Declassified - Page 5
They Don’t Call It the Wild West for Nothing: The Ninth Circuit Reverses Denial of Class Certification Because Trial Court Kept Out Inadmissible Evidence
The Ninth Circuit’s decision not to grant en banc rehearing in Sali v. Corona Regional Medical Center should all but guarantee that the issue of expert testimony at the class certification stage is heading to the Supreme Court.
Sali involved…
First Circuit Restricts Class Certification of Classes Containing Uninjured Persons
In recent years, courts have reached divergent conclusions about the circumstances in which a damages class containing uninjured persons can be certified. Although there is some room to debate what constitutes injury, it is well established that individual litigants…
Supreme Court to Review Whether Third-Party Defendants May Remove Class Action Counterclaims under CAFA
These are interesting times at the Supreme Court for class certification defendants—and we aren’t talking about the Kavanaugh confirmation process. No, late last week, in Home Depot USA Inc. v. George Jackson*, the Supreme Court took the rare step of…
Court Strikes Non-Forum Class Members’ Claims in TCPA Class Action under Bristol-Myers Squibb
We have been closely watching how courts have applied the Supreme Court’s Bristol-Myers Squibb decision in the class action context, and the early results are mixed. But the Northern District of Illinois made a big step in the right direction…
Irrevocable Consent Comes to the Eleventh Circuit: Two District Courts Apply Reyes to Boot TCPA Cases
A critical question in Telephone Consumer Protection Act (TCPA) cases is whether the plaintiff gave consent to receive communications from the defendant, and whether that consent had been revoked by the time of the communication. Given the problems with the…
Be Careful What You Ask For: Eleventh Circuit Holds That Arbitrator – Not Court – Decides Whether Arbitration Agreement Designating AAA Rules Allows for Class Arbitration
The Eleventh Circuit has held that, absent express language to the contrary in the arbitration agreement itself, whether class arbitration is permitted under an arbitration agreement selecting American Arbitration Association (AAA) rules is an issue for the arbitrator to decide…
Defeating Class Certification in Consumer Data Breach Class Actions Begins with Understanding How They Occur
Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the ground (as we have discussed…
The Impact of Disparate State Laws on Class Certification for Settlement Purposes: Ninth Circuit to Review Hyundai and Kia Fuel Economy Decision en Banc
The Ninth Circuit has agreed to review a panel decision from the court which rejected a settlement in multidistrict litigation over the fuel efficiency of Hyundai Motor America Inc. and Kia Motors Corp. vehicles. The case and rehearing raise the…
The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues
Last week the Sixth Circuit took a big step to extend its reputation as one of the most class-friendly circuits in the country. In Martin v. Behr Dayton Thermal Prods. LLC, Judge Jane Stranch, writing for a unanimous panel,…