The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include: Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal...more
Standing. The Fifth Circuit declined the opportunity to determine whether it would follow the “class certification” or the “standing” approach to standing....more
Seyfarth Synopsis: In the latest development in the ultra-high stakes nationwide Prescription Opiate Litigation, the U.S. Court of Appeals for the Sixth Circuit recently granted the petition of six Ohio cities to appeal the ...more
• En banc 9th Circuit affirmed a $210 million settlement in multidistrict litigation against Hyundai and Kia relating to their alleged misrepresentations about the fuel efficiency of their vehicles, reversing the decision of...more
Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result. Yesterday, the...more
Seyfarth Synopsis: At 852 pages, Seyfarth’s 15th Annual Workplace Class Action Litigation Report analyzes 1,453 rulings and is our most comprehensive Report ever. ...more
A number of changes to Fed. R. Civ. P. 23 took effect on December 1, 2018. They’ve been in the works for some time, so no surprises, but now is a good time to summarize them. ...more
In 2015, the Rule 23 Subcommittee to the Advisory Committee on Civil Rules floated the idea of amending Rule 23 to eliminate the predominance requirement for class certification in the settlement context. The suggestions...more
Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded...more
The Eight Circuit provided some useful guidance for district courts and practitioners in obtaining and reviewing final approval of class settlements in its July 5, 2017, decision in Keil v. Lopez. In that case, the court...more
The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never...more
As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts. Over a decade ago, Congress passed the Class Action Fairness Act of 2005 (CAFA)...more
Finally, the end is in sight. After motions to dismiss, discovery, hearings, a highly contested motion for class certification and mediation, the parties have reached a class settlement. The parties are relieved to end the...more
The U.S. Court of Appeals for the Eighth Circuit has sent the Target data breach consumer class action settlement back to the trial court for a second look at class certification, holding that the district judge did not...more
The Sixth Circuit recently affirmed approval of a class action settlement agreement, holding that “a post-settlement change in the law does not alter the binding nature of the parties’ settlement agreement, nor does it...more
I’ve written a little so far about the fact that Rule 23 is likely to undergo revision in the next few years. Last week Judge Robert Michael Dow, who is a member of the Advisory Committee on the Rules of Civil Procedure’s...more
The Third Circuit rejected plaintiffs’ arguments that the district court abused its discretion by overstepping its authority in declining to certify a settlement class and in misapplying Wal-Mart Stores, Inc. v. Dukes, in...more