News & Analysis as of

Class Action FRCP 23(b)(3) Consumer Protection Laws

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
McGlinchey Stafford

Florida Court Certifies Two Classes on Claims Under TCPA and FTSA

McGlinchey Stafford on

Recently, the Northern District of Florida certified two classes under the Telephone Consumer Protection Act (TCPA) in a matter regarding alleged telemarketing text messages. Background- In Jackson v. Athena Bitcoin, Inc.,...more

Polsinelli

Ninth Circuit Provides Clarity for Settlement of Multi-State Consumer Class Action

Polsinelli on

Class actions bring more complexity to litigating and settling cases, and it can increase substantially when the claims arise from multiple state consumer protection laws. In these cases, determining the applicable law(s) to...more

Carlton Fields

No Injury, No Problem?: The First Circuit Weighs In On Certification Where Absent Class Members Lack Harm

Carlton Fields on

In Tyson Foods, the Supreme Court declined to resolve the issue of whether a class may be certified if it contains members who were not injured and have no legal right to damages. ...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit’s Pro-Defense Decision in Hyundai Opens the Door for Class Certification Defenses

On January 23, 2018, in a 2-1 decision, the Ninth Circuit sent class-action lawyers into a tizzy when it handed down its decision in In re Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23,...more

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