Jurisdiction: Other

Fourth Circuit Grapples with Effect of “Class-Action Waiver”

On Aug. 18, the United States Court of Appeals for the Fourth Circuit issued an opinion in the long-running Marriott Data Breach MDL Litigation. The Fourth Circuit reversed a district court’s class certification decision, holding that the district court erred in certifying damages classes against the Marriott defendants without first addressing, as a threshold issue, […]

On Class-Action Remedies, Begin with the End in Mind

Think about the last class-action notice that you received. You might have thought, “This is sweet. I didn’t know anything was wrong with my dog food, but I can get $50 if I just fill out this form.” There is a reason that we receive these mailings without having made a claim or knowing that […]

It Pays to Over-Think Class Definitions and Release Provisions in Class Action Settlement Agreements

Limiting exposure to future claims is a crucial aspect of settling class action litigation. A recent opinion out of the Northern District of Georgia serves as a reminder that the definitions of settlement classes and released claims in class action settlement agreements warrant close attention. First, the background. In 2015, a customer filed a putative […]

Collegiate Sports Team Websites Are New Target in Privacy Class-Action Litigation

Since March of this year, at least four purported class action lawsuits have been filed against universities, their affiliated athletic organizations, and the alleged operators of their athletic team websites, Sidearm Sports LLC and Learfield Communications LLC. These cases allege that websites using Meta (Facebook) Pixel and other technology to monitor website traffic or activity […]

The Dangers of Watering Down Class-Certification Standards in Fraud Cases

Class actions have long been difficult to certify in fraud cases.  But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm.  That decision is now on appeal to the Ninth Circuit, where Robinson Bradshaw filed an amicus brief on behalf of the Chamber […]

Continuing to Troll the Ninth Circuit Class Certification Waters – Will the Supreme Court Join In?

Updated 8-16-22: StarKist and the other defendants filed their petition for certiorari in the Olean Wholesale Grocery case. A link to the Petition is here. In September 2021 and again in June of this year, we wrote about the Ninth Circuit’s opinion in Olean Wholesale Grocery v. Bumble Bee Foods and the court’s opinion following […]

Alleging Classwide Racial Discrimination Can Be Uber-Challenging

If you’re an Uber rider, you’re probably familiar with Uber’s requests that you rate your driver. It’s a five-star rating system. Five is the best. One is the worst. As it turns out, those ratings are vitally important to Uber drivers. Uber requires its drivers to maintain a minimum star rating. This post is about […]

Fishy Results for Class Action Defendants in the Ninth Circuit

Last September, we wrote about the Ninth Circuit’s opinion in Olean Wholesale Grocery v. Bumble Bee Foods and the court’s decision to rehear the case en banc.  The en banc Ninth Circuit has now waded back into the class certification waters, with mixed results for defendants.  While the en banc court tossed back the panel’s […]

Deep Dive into Dueling Experts Leads to Denial of Class Certification in Multidistrict Litigation

A leading feature of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes is the “rigorous scrutiny” the trial court must apply to determine whether the evidence plaintiffs offer to support class certification meets the requirements of Rule 23. Following the Supreme Court’s decisions in Wal-Mart and Comcast, “[i]t is now indisputably the role […]

Does Tyson’s “No Reasonable Juror” Standard Relieve Courts of the Obligation Rigorously To Analyze Expert Statistical Models at Class Certification?

In order to have a class certified, the plaintiffs have the burden of proving to the satisfaction of the court, “after a rigorous analysis,” that they comply with Rule 23—that is, that “there are in fact sufficiently numerous parties, common questions of law or fact, etc.”  Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350-51 […]