The U.S. Court of Appeals for the Sixth Circuit, in a full en banc decision, raised the pleading and proof standards for plaintiffs seeking to certify multistate automotive defect class actions. The court’s June 27, 2025,...more
7/7/2025
/ Appeals ,
Appellate Courts ,
Article III ,
Automotive Industry ,
Class Action ,
Class Certification ,
Consumer Protection Laws ,
Federal Rules of Civil Procedure ,
Fraud ,
Litigation Strategies ,
Manufacturers ,
Product Defects ,
State Law Claims
Resolving an issue of first impression before it, the United States Court of Appeals for the Ninth Circuit held that the Class Action Fairness Act of 2005 (CAFA) “may not be used to evade the specific numerosity requirement”...more
7/31/2020
/ Automotive Industry ,
Breach of Warranty ,
CAFA ,
Class Action ,
Class Representatives ,
Diversity Jurisdiction ,
Express Warranty ,
Fee-Shifting ,
Implied Warranties ,
Magnuson-Moss Act ,
Manufacturing Defects ,
Putative Class Actions ,
State Law Claims ,
Subject Matter Jurisdiction
A New York federal court issued an important reminder last week that class representatives—who often perceive their obligations as relaxed given the fictional nature of their role—have important product preservation...more
Extending the United States Supreme Court’s decision in China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018), the California Court of Appeal has held that a plaintiff cannot “stack” multiple class actions to extend the...more
In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more
7/27/2015
/ Antitrust Litigation ,
Appeals ,
Article III ,
Class Action ,
Comcast ,
Comcast v. Behrend ,
Design Defects ,
FRCP 23(b)(3) ,
Prudential Insurance ,
Putative Class Actions ,
SCOTUS ,
Standing ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Volvo
For the second time in as many months, the Northern District of California has decertified a damages class in a food labeling class action because the plaintiff’s damages model was incapable of measuring only those damages...more