R. Trent Taylor on Corporate Counsel

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....more

2/1/2023 / Class Action , Class Members , Corporate Counsel , Motion To Strike , Putative Class Actions

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. First, the Court vacated the district court’s settlement approval finding that the...more

12/28/2022 / Appeals , Class Action , Class Members , Corporate Counsel , Settlement , Settlement Negotiations

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...more

9/22/2022 / Class Action , Consumer Reporting Agencies , Corporate Counsel , Credit Reports , Fair Credit Reporting Act (FCRA) , TransUnion LLC v Ramirez

Sixth Circuit Addresses Pre-Certification and Post-Certification Engagement of Potential Class Members in Class Actions

Appellee Thomas Fox and others failed to pay their delinquent property taxes in certain Michigan counties and had their property foreclosed on and sold. However, the counties kept all of the sale proceeds and not just the...more

6/29/2022 / Class Action , Class Certification , Class Members , Corporate Counsel

Seventh Circuit Strikes Down Stealth Class Actions

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....more

6/3/2022 / Class Action , Class Certification , Corporate Counsel , FRCP 23

Seventh Circuit Construes CAFA Exception for the First Time

The 7th Circuit in Schutte v. Ciox Health, LLC., construed the Local Controversy Exception to the Class Action Fairness Act.[1] CAFA’s Local Controversy Exception applies, in pertinent part, if “during the 3-year period...more

4/7/2022 / Appeals , CAFA , Class Action , Corporate Counsel , Remand

Re-Evaluating Bifurcated Discovery in Class Actions After a Recent Seventh Circuit Decision

A new Seventh Circuit decision – Santiago v. City of Chicago – bolsters the strategy among some class action defense lawyers to not bifurcate class certification and merits discovery. This strategy instead contemplates that...more

12/29/2021 / Bifurcation , Class Action , Class Certification , Corporate Counsel , Discovery

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...more

4/1/2021 / Admissible Evidence , Class Action , Class Certification , Corporate Counsel , Evidence

R. Trent Taylor

McGuireWoods LLP

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