In Ali v. City of Chicago, —F.4th—, 2022 WL 1548176 (May 17, 2022), the Seventh Circuit Court of Appeals recently struck down one litigant’s attempt to employ a “stealth” class action.
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First Circuit Upholds Sanctions Related to Attorney’s Fees
In Arkansas Teacher Retirement System v. State Street Corporation, — F.4th —-, 2022 WL 391450 (1st Cir. Feb. 9, 2022), the First Circuit Court of Appeals upheld a district court’s sanction of law firm Lieff Cabraser Heimann & Bernstein LLP (“Lieff Cabraser”) related to class action attorney’s fees.
Lieff Cabraser, along with several other firms, represented a class of investors in a challenge to charges imposed on foreign exchange products. After years of litigation and mediation, the parties reached a settlement of $300 million. Relying on representations made by class counsel, the district court awarded class counsel almost $75 million—roughly 25% of the total settlement.
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Associations, stand down: Sixth Circuit Casts Doubt on Associational Standing
In Association of American Physicians & Surgeons v. United States Food and Drug Administration (“AAPS”), __ F.4th __, 2021 WL 4097325 (6th Cir. Sept. 9, 2021), the Sixth Circuit Court of Appeals recently cast doubt on the continued viability of the associational standing doctrine.
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Ninth Circuit Gives Defendants Breathing Room to Challenge Personal Jurisdiction at Class Certification
Last year, the Seventh and D.C. Circuits addressed the contours of personal jurisdiction in federal class actions. Now, the Ninth Circuit Court of Appeals has joined the mix in Moser v. Benefytt, Inc., __ F.4th __, 2021 WL 3504041 (9th Cir. Aug. 2021).
In Moser, after the district court denied the defendant’s
Sixth Circuit Holds Class Certification Evidence Does Not Have to be Admissible
The Sixth Circuit Court of Appeals’ recent opinion in Lyngaas v. Curaden AG (“Lyngaas”), has important implications for federal class actions regarding personal jurisdiction and the use of non-admissible evidence to support class certification.
In Lyngaas, a plaintiff brought a class action against Curaden AG, a Swiss entity, and its U.S. subsidiary,