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).
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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.
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.
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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.
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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).
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.
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.
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Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability
In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide them with required third-party information in credit reports. In issuing the decision, the court is one of the first Circuit Courts to squarely address the scope of what constitutes an “informational injury” in the wake of the Supreme Court’s recent decision in Transunion LLC v. Ramirez, 141 S. Ct. 2190 (2021).
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Fifth Circuit Sua Sponte Vacates Class-Certification Order for Lack of Standing
On August 15, 2022, the U.S. Court of Appeals for the Fifth Circuit vacated a class-certification order on a Rule 23(f) appeal after sua sponte holding that the named plaintiff had no standing to sue. The case is yet another example of how federal courts closely examine standing following the U.S. Supreme Court’s mandate in TransUnion LLC v. Ramirez, — U.S. —, 141 S. Ct. 2190 (2021): “Every class member must have Article III standing in order to recover individual damages.” Id. at 2208.
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