Class Certification, Reversal, Article III

U.S. Sixth Circuit, En Banc, Reverses GM Transmission Certification on Commonality and Predominance Grounds

Fishman Haygood LLP on 7/25/2025

In a previous JD Supra article, I wrote about the Sixth Circuit Court’s initial decision, which upheld class certification for the matter despite GM’s challenges to Article III and predominance, in the case of Speerly v....more

The Eleventh Circuit Holds That Receipt of a Single Text Does Not Satisfy Article III

Faegre Drinker Biddle & Reath LLP on 8/30/2019

The Eleventh Circuit recently held that receiving a single unsolicited text message does not amount to the harm required to sustain a TCPA claim. In Salcedo v. Hanna, John Salcedo brought a TCPA claim against his former...more

First Circuit Restricts Class Certification of Classes Containing Uninjured Persons

Bradley Arant Boult Cummings LLP on 11/12/2018

In recent years, courts have reached divergent conclusions about the circumstances in which a damages class containing uninjured persons can be certified. Although there is some room to debate what constitutes injury, it is...more

TCPA Case Law Review (Vol. 4)

Vedder Price on 8/30/2018

If you have seen members of the TCPA plaintiffs’ bar sweating a bit more than usual lately, it’s not just the summer heat—they’re probably concerned about the steady stream of positive cases for the defense bar over the past...more

Key California Employment Law Cases: June 2017

Payne & Fears on 7/11/2017

This month’s key California employment law cases involve civil procedure (class and representative actions) and wage and hour (retaliation) issues....more

Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

Jones Day on 6/27/2017

In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more