In Lowery v. Rhapsody International, Inc., —F.4th—, 2023 WL 3857499 (June 7, 2023), the Ninth Circuit Court of Appeals recently reversed an award of attorneys’ fees to class counsel that was more than thirty times the amount the class members received.Continue Reading Ninth Circuit Reverses Award of Attorneys’ Fees More than 30 Times Greater than Amount Received by Class Members
Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis
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
Ninth Circuit Vacates District Court’s Order of Class Certification
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
Fifth Circuit Reverses ADA Class Certification Because the Class is Not Ascertainable
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.Continue Reading Fifth Circuit Reverses ADA Class Certification Because the Class is Not Ascertainable
Fifth Circuit Affirms Striking of Class Allegations
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
10th Circuit Rules on Class Action to Compel Creation of Girls-Only High School Football Team
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
First Circuit Deepens Circuit Split On Fairness Of Class Settlements
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
Ninth Circuit Renders Section 1712 of CAFA Inapplicable to a Class Action Settlement
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).Continue Reading Ninth Circuit Renders Section 1712 of CAFA Inapplicable to a Class Action Settlement
U.S. Court of Appeals’ Continued Skepticism Over Putative Class Member Motions to Intervene
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.Continue Reading U.S. Court of Appeals’ Continued Skepticism Over Putative Class Member Motions to Intervene
Eleventh Circuit Concludes that Foreign Country’s Equitable Tolling Standards Can Apply in Federal Class Action
In a recent case addressing the novel issue of whether foreign law trumped United States law for purposes of class action tolling, the U.S. Court of Appeals for the Eleventh Circuit concluded that Colombian law on equitable tolling applied, even though the defendant was based in New Jersey.
Continue Reading Eleventh Circuit Concludes that Foreign Country’s Equitable Tolling Standards Can Apply in Federal Class Action