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
Appellee Thomas Fox and others failed to pay their delinquent property taxes in certain Michigan counties and had their property foreclosed on and sold. However, the counties kept all of the sale proceeds and not just the money that was owed. In some cases, the counties kept tens of thousands of dollars beyond what was owed. Therefore, Fox brought a class action seeking recovery of the surplus funds.
Continue Reading Sixth Circuit Addresses Pre-Certification and Post-Certification Engagement of Potential Class Members in Class Actions
As we touched on last summer, whether a district court may certify a class action without resolving challenges to the admissibility of fact or expert evidence is still an unsettled question. This question is particularly important with respect to expert evidence, given that class certification frequently hinges on competing experts’ opinions regarding the propriety of an aggregate action. If an expert’s opinion is deemed inadmissible, the party proffering it is almost certain to be on the receiving end of an adverse certification ruling.
Continue Reading Northern District of Ohio Holds Expert Evidence Must Be Admissible to Be Considered at Class Certification
Monday, the Supreme Court issued its highly anticipated ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, holding that the generic nature of an alleged misrepresentation may be important evidence of price impact to rebut the Basic presumption of reliance and thus should be considered at class certification.
The decision provides defendants facing securities fraud class actions – particularly so-called “inflation maintenance” cases – with an important tool to defeat class certification.Continue Reading A New Avenue for Defendants in Securities Fraud Class Actions: Supreme Court Holds “Generic” Nature of Statements Is “Important Evidence” of Price Impact at Class Certification
The Court of Appeals for the Ninth Circuit issued a decision recently in Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC (“Olean Wholesale”), confirming that district courts must rigorously examine competing expert evidence when determining whether the requirements of class certification have been satisfied.
In Olean Wholesale, litigation related…
Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite to certification under Rule 23, deepening a split with the First, Third, and Fourth Circuits. In Cherry v. Dometic Corporation, the court reversed the district court’s denial of class certification based on administrative…
When and how can a defendant in a putative class action defeat a proposed class? Defendants served with class action complaints frequently struggle with this question. Typically, defendants wait until class certification briefing following lengthy discovery to contest class treatment. This waiting game carries a high cost – discovery in class action cases is usually…
McGuireWoods Fintech industry team leader David Reidy and appellate litigator Jonathan Urick bring us this succinct analysis of the Supreme Court’s hotly anticipated decision on the doctrine of “equitable tolling” in class actions:
Class-action plaintiffs cannot toll the statute of limitations indefinitely by filing copycat class actions until certification sticks, the U.S. Supreme Court held…
2017 was an unusually eventful year for lawyers who track the ascertainability requirement, which had, for the last five or so years, become a staple argument for class action defendants. Here are the top issues that class action litigators had to contend with.
Circuit split on administrative feasibility.
This year, both the Second and…