In the wake of Comcast Corp. v. Behrend, a number of different courts have weighed in on the question of whether variations in damages should preclude certification of a litigation class. Last month, however, the District of the District of Columbia issued an opinion which implied that variations in damages might preclude the certification
predominance
Overreaching, Underreaching, and the Supreme Court
By The Editors on
Posted in Scholarship
In the past few years, Professor Mark Moller of DePaul University Law School has proven to be one of the most thoughtful critics of modern class action law in the legal academy. While most commentators take on class action decisions from either a pro-plaintiff or pro-defendant standpoint, Professor Moller appears intent on evaluating these opinions…
The Importance of Documenting Alleged Fraud – Wiedenbeck v. Cinergy Health, Inc
By The Editors on
Posted in Certification
After watching an infomercial, Harry Wiedenbeck bought a "comprehensive" medical health insurance plan for himself and his wife. When the insurer subsequently denied a claim based on his wife’s hospitalization, Mr. Wiedenbeck filed a class action alleging fraud and bad faith on behalf of all Wisconsin residents who had bought the plan.
The subsequent case…
Superiority and Dockets – Seabron v. Am. Family Mut. Ins. Co.
By The Editors on
Posted in Certification
Kathleen Seabron filed a lawsuit challenging the red tape her insurance company required before paying an automobile accident claim as bad faith. After the insurer removed her claim to federal court, she turned it into a bad faith "class action" and added several other plaintiffs. The result was Seabron v. Am. Family Mut. Ins. Co…
Predominance and the Privacy Class Action – In re Hannaford Bros
By The Editors on
Posted in Certification
In late 2007 and early 2008, the Hannaford Brothers Grocery stores suffered a security breach: thieves stole the debit and credit card data of thousands of customers. As one might imagine, a number of lawsuits followed, including a number that were consolidated into litigation in the District of Maine. After extensive pretrial litigation …
The Further Adventures of Behrend v. Comcast Corp.
By The Editors on
Posted in Certification
Earlier this week, the Supreme Court quietly granted certiorari in Sears, Roebuck & Co. v. Butler:
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Comcast Corp. v. Behrend, 569 U. S. ___ (2013).
The case below, Butler v. Sears, Roebuck & Co., had been notable because it…
Standing and Certification: Kennedy v. United Am. Ins. Co
By The Editors on
Posted in Certification
Brenda Kennedy was hospitalized in 2009 for four days. She had an insurance policy from United American that paid benefits for each day that she spent in the hospital, and she assigned those benefits to the hospital. When she received her hospital bill, she discovered that it had only covered three days, not four. So…
New signs of life for the predominance standard
By The Editors on
Posted in Certification
It’s a busy week for me, so here’s just a brief rundown of two opinions vacated and remanded from the US Supreme Court:
RBS Citizens NA v. Ross (7th Cir. 2012). (More here.) The Seventh Circuit affirmed certification of a wage-and-hour case, despite what it conceded was a less-than-optimal order certifying the class. RBS…
Supreme Court reinforces predominance standard – Comcast Corp. v. Behrend
By The Editors on
Posted in Certification
Yesterday, the Supreme Court issued its opinion in Comcast Corp. v. Behrend, the antitrust case which commentators (including me) had expected would finally resolve the question of whether a trial court must apply the Daubert evidentiary standard to expert testimony in a certification debate. It turns out we were wrong. Due to a…
Shady Grove and Notice Provisions – Williams v Chesapeake La Inc
By The Editors on
Posted in Certification
Chesapeake Energy Corporation produces natural gas. As gas royalty class actions have become more popular in the last decade, it has also been a defendant in a number of cases alleging that it underpaid mineral royalties to various landowners. One of these cases recently resulted in a denial of class certification that is worth some…