Third Circuit Rejects ‘Shingle Lottery’ Theory of Common Defect in Putative...
The Third Circuit Court of Appeals recently affirmed a district court order denying certification to a group of homeowners in four states who alleged roof shingle manufacturer Owens Corning sold...
View ArticleVolkswagen Passes Fairness Test for Class Settlement in Dispute Over “Defeat...
Last month the Ninth Circuit affirmed a district court decision approving a class settlement regarding Volkwagen’s marketing of clean diesel vehicles that used so-called “defeat devices” to circumvent...
View ArticleEnough is Enough: The Limits of Invoking Rule 23(c)(1)(C)
On September 4, Judge Rogers of the Northern District of California granted defendants’ motion to strike plaintiffs’ second renewed motion for class certification. The motion was filed by indirect...
View ArticleLife May Not Be Fair, But Arizona Cannot Find Out Without Standing
The Sixth Circuit recently held that Arizona lacked standing to intervene in, and object to, a nationwide class settlement at the settlement fairness hearing. The underlying case involved Tristar...
View ArticleAnother Premature Motion to Strike Class Allegations Bites the Dust
Courts have been and likely always will be reluctant to strike class allegations or deny class certification before class discovery. Indeed, over-aggressive attempts to strike class allegations can...
View ArticleNew Putative Class Action in South Florida Tackles COVID-19 Outbreak Head-On
In the wake of the COVID-19 pandemic, class action litigation of various types has been initiated, ranging from consumer to employment class actions. Most of these class actions seemingly relate to...
View ArticlePrice Gouging During the COVID-19 Pandemic: Armas v. Amazon Inc.
The COVID-19 pandemic created a run on certain personal hygiene products due to the fear of a widespread outbreak in the United States. Those scarce supplies include hand sanitizer, disinfecting wipes,...
View ArticleWhither Objector Blackmail
The Seventh Circuit confronts “objector blackmail” and limits the extraction of “rents from the litigation process simply by showing up and objecting to consummation of the settlement.” On August 6,...
View ArticleMDL Court Denies Class Certification of Proposed “NAS Babies” Class
The opioid MDL court (the Northern District of Ohio) recently denied class certification to plaintiffs seeking class certification as guardians of individual children diagnosed at birth with neonatal...
View Article“Right to Repair” Class Actions Against John Deere Obtain a Centralized Forum
In recent years, a vigorous debate over consumers’ “right to repair” products they have purchased has earned the scrutiny of legislators and regulators, along with the attention of the plaintiffs’...
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