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Appeals › Putative Class Actions › Federal Rules of Civil Procedure

Robinson Bradshaw

Old Dogs and New Tricks: Supreme Court Denies Certiorari in Ninth Circuit Case Allowing Reliance on Inadmissible Expert Work for...

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Earlier this month, the Supreme Court declined to hear an appeal from the Ninth Circuit’s decision in Lytle v. Nutramax Laboratories, Inc. affirming the certification of a class of owners of elderly dogs, alleging that the...more

Katten Muchin Rosenman LLP

Tackling the Unexecuted Damages Model Dilemma When Opposing Class Certification – Ninth Circuit Decision Offers Important Insights

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Earlier this year, the Court of Appeals for the Ninth Circuit issued its decision in Lytle v. Nutramax Labs, Inc., finding that a class action plaintiff may rely on a model to demonstrate that damages are susceptible to...more

Ankura

The Sea of Tuna Decisions: Key Takeaways for Regression Analysis at Class Certification

Ankura on

On November 14, 2022, the U.S. Supreme Court declined StarKist Company’s petition to review the Court of Appeals for the Ninth Circuit’s en banc opinion upholding certification of three subclasses of tuna purchasers in Olean...more

Proskauer - Minding Your Business

A Name is Not Enough: Ninth Circuit Finds No Standing for First-to-File Shareholder to Appeal Securities Class Action

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Imagine you are an investor and you decide to file a lawsuit after a company that you invest in suffers a stock drop. When you get to the courthouse, you find that you are the first person to file a federal securities class...more

Proskauer - Minding Your Business

Seventh Circuit Rules: Just Saying it Doesn’t Make it So, for Class Certification

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Defendants on the losing side of a class certification order were recently provided with a roadmap of how to challenge a district court’s analysis on appeal. On April 12, 2023, the United States Court of Appeals for the...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Vacates Certification of Nationwide Classes, Holding that Defendant Did Not Waive Personal Jurisdiction Challenge by...

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On August 10, 2021, a divided Ninth Circuit panel vacated a trial court’s certification of two nationwide classes, finding that the defendant had not waived its personal jurisdiction objection to class certification by not...more

Goodwin

Eleventh Circuit Holds Administrative Feasibility is Not a Requirement for Class Certification

Goodwin on

On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to...more

BCLP

Third Circuit Adopts a Standard for Reevaluating an Initial Denial of Class Certifications

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District courts within the Third Circuit have historically applied different standards when analyzing a renewed motion for class certification. The Third Circuit used the recently issued Hargrove v. Sleepy's LLC as an...more

King & Spalding

Due to Intervening Change in Law, Ninth Circuit Allows Plaintiffs Another Opportunity to Pursue Class Claims After They...

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The Ninth Circuit recently clarified what standard applies when a party seeks relief from judgment under Rule 60(b). In so doing, the court allowed two plaintiffs who had previously voluntarily dismissed their class action...more

Goodwin

TCPA’s Constitutionality Under the First Amendment Poised For Supreme Court Intervention

Goodwin on

On December 2, 2019, the United States government submitted a brief to the Supreme Court urging it to deny review of a Ninth Circuit Court of Appeals ruling holding a provision of the Telephone Consumer Protection Act (TCPA)...more

Bass, Berry & Sims PLC

Chris Lazarini Examines New York Court's Definition of "Class Action" and "Members of the Class"

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Bass, Berry & Sims attorney Chris Lazarini examined a case in which the New York Court of Appeals provided guidance on Rule 908 of the New York Civil Practice Law and Rules, deciding that Rule 908 requires sending notice of a...more

Benesch

In a Scorching Opinion, Sixth Circuit Refuses to Undo Class Action Settlement

Benesch on

Sometimes, appellate decisions are written in a purely clinical voice. Other times, they’re infused with a dash of hot sauce....more

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