JD Supra

En Banc 9th Circuit Holds Class Action Certification Is Different For Settlement Classes

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, ...
National Law Review

Ninth Circuit Says Post-Removal Amendment Deleting Class Allegations Destroys Federal Jurisdiction Under CAFA

When a class action is removed to federal court under the Class Action Fairness Act (CAFA), plaintiffs sometimes amend their pleadings to try to defeat federal jurisdiction. The recent U.S. Court of ...
JD Supra

Ninth Circuit Addresses Class Representative Incentive Awards and Attestation Requirement

A recent Ninth Circuit decision on a class action settlement, In re Apple Inc. Device Performance Litigation, 2022 WL 4492078 (9th Cir. Sept. 28, 2022), received significant attention in the legal ...
The National Law Review

First Circuit Rejects Class Action Settlement Based on Potential Intra-class Conflict, But Approves Named Plaintiff Incentive Awards

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Reuters

9th Circuit decertifies tuna price-fixing classes, clamps down on uninjured class members

Antitrust class action plaintiffs won a battle on Tuesday when the 9th U.S. Circuit Court of Appeals ruled in Olean Wholesale Grocery Co-op Inc v. Bumble Bee Foods LLC(2021 WL 1257845) that three ...
Law

Sixth Circuit Creates Circuit Split on Insurance Valuation Class Action Certification

The Sixth Circuit concluded a federal judge for the Western District of Tennessee did not abuse its discretion when it certified the class. However, the Third, Fourth, Seventh and Ninth circuits this ...
Courthouse News Service

9th Circuit Vacates Class in Acura Deception Case

(CN) - California law does not cover a nationwide class of consumers who claim that the optional collision-mitigation braking system for the Acura RL did not work as advertised, the 9th Circuit ruled.
Law

Third Circuit Clarifies Class Action Standing and Ascertainability in 'Kelly'

These two pressures have probably kept many a consumer attorney up at night as they wrestled with how best to bring a would-be consumer class action in the Third Circuit knowing the case law that ...
The Washington Post

The 2nd Circuit’s second-class Second Amendment intermediate scrutiny

On Wednesday I examined two aspects of Monday’s 2nd Circuit decision mostly upholding firearms and magazine bans in New York and Connecticut, in New York State Rifle & Pistol Assoc. v. Cuomo and ...
Reuters

1st Circuit: No class certification if you can’t weed out uninjured class members

(Reuters) - In its Oct. 15 opinion in In re Asacol (2018 WL 4958856) the 1st U.S. Circuit Court of Appeals clarified its position on an issue that continues to cause much consternation among the ...
Washington Examiner

Seventh Circuit calls class action settlement ‘scandalous,’ removes Paul Weiss as attorney

CHICAGO (Legal Newsline) – A federal appeals court has overturned approval of a class action settlement that it described as “inequitable – even scandalous.” Monday, the U.S. Court of Appeals for the ...