The issue of whether the “standing approach” or “class certification approach” is applicable continues to remain an open issue in the Fifth Circuit. In Angell v. Geico Advantage Ins. Co., the Fifth Circuit declined to decide the issue because it ruled that Plaintiffs had satisfied both approaches. …
Continue Reading Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis
On March 13, 2023, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s order of class certification in Van v. LLR, Inc. under Rule 23(f).…
Continue Reading Ninth Circuit Vacates District Court’s Order of Class Certification
On January 20, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s decision to certify a class under Title II of the Americans With Disabilities Act (“ADA”), which prohibits public entities from discriminating on the basis of disability.…
On January 5, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision to strike class allegations after only limited discovery.…
Continue Reading Fifth Circuit Affirms Striking of Class Allegations
The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class Action Fairness Act (“CAFA”). In Leflar v. Target Corp.,[1] the district court held that “all doubts about federal jurisdiction” must be in favor of remand. While this presumption may apply to “mine-run diversity cases,” the Eighth Circuit reinforced that no anti-removal presumption applies under CAFA.…
Continue Reading Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA
On Jan. 4, the 10th U.S. Circuit Court of Appeals made an important ruling in a Title IX class action seeking to compel creation of a girls-only high school football team.
Read on for details about this case, which highlights the gravity of precisely applying the standard of commonality of interest and demonstrates that a…
On December 16, 2022, the U.S. Court of Appeals for the First Circuit made two important findings in a class-action settlement case. …
Continue Reading First Circuit Deepens Circuit Split On Fairness Of Class Settlements
On November 30, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s finding that a settlement was not a coupon settlement when applying the three factors outlined in In re Online DVD-Rental Antitrust Litig., 779 F.3d 934, 950 (9th Cir. 2015).…
On October 28, 2022, the U.S. Court of Appeals for the Fourth Circuit in Alig v. Rocket Mortgage vacated and remanded for reconsideration a district court order certifying a class of mortgage borrowers, highlighting an important Article III standing issue in class action lawsuits. See Alig v. Rocket Mortgage, LLC, 52 F.4th 167 (4th Cir. 2022). The Alig decision relies on the United States Supreme Court’s decision in TransUnion LLC v. Ramirez and follows a grant of certiorari, vacatur, and remand from the U.S. Supreme Court. The decision provides further ammunition for the argument that all putative class members must have a demonstrable injury in order to recover damages in a class action. Indeed, the grant of certiorari by the Supreme Court in Alig is itself a signal that this defense is one that should not be discounted by defendants finding themselves the subject of class action litigation.…
On October 7, 2022, the U.S. Court of Appeals for the Fifth Circuit denied a purported class representative’s attempt to intervene in a class action. The class representative had argued that his interests were not adequately represented.…
