Class Action & Mass Torts

A recent lawsuit alleges that Skittles consumers “are at heightened risk of a host of health effects” because Skittles uses titanium dioxide (TiO2).  TiO2 is considered an inert and safe material, and for decades has been used in a range of consumer products including house paint, ceramics, paper, and printing inks.  In fact, you can

On August 15, 2022, the U.S. Court of Appeals for the Fifth Circuit vacated a class-certification order on a Rule 23(f) appeal after sua sponte holding that the named plaintiff had no standing to sue.  The case is yet another example of how federal courts closely examine standing following the U.S. Supreme Court’s mandate in

On Wednesday, August 3, 2022, the Eleventh Circuit confirmed the groundbreaking decision that incentive payments given to a named plaintiff in a class action are improper by denying a petition for rehearing en banc that had been pending for almost 22 months.  See Johnson v. NPAS Solutions, LLC, No. 18-12344, “Slip Op.” (11th Cir. Aug.

In Drazen v. Pinto, –F.4th–, 2022 WL 2963470 (July 27, 2022), the Eleventh Circuit vacated a district court’s decision to certify a class under Rule 23 and approve the class settlement because the class included members who lacked Article III standing.
This case involves three consolidated class actions against GoDaddy.com, each of which alleges the

Appellee Thomas Fox and others failed to pay their delinquent property taxes in certain Michigan counties and had their property foreclosed on and sold. However, the counties kept all of the sale proceeds and not just the money that was owed. In some cases, the counties kept tens of thousands of dollars beyond what was

The 7th Circuit recently vacated a 25% attorneys’ fee award in In re Stericycle Securities Litigation, No. 20-2055, 2022 WL 1564997, at *1–14 (7th Cir. May 18, 2022).  The Court’s reasoning focused on the previous litigation against the defendant.

Years before this litigation, a former Stericycle employee brought a qui tam action under the False

The 7th Circuit in Schutte v. Ciox Health, LLC., construed the Local Controversy Exception to the Class Action Fairness Act.[1]  CAFA’s Local Controversy Exception applies, in pertinent part, if “during the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual

A recent Ninth Circuit decision—In re Cathode Ray Tube Antitrust Litig., 20-15697, 2021 WL 4306895 (9th Cir. Sept. 22, 2021)—that prevented a group of plaintiffs from challenging the approval of a settlement award in a price-fixing case might be on its way to the Supreme Court.   Although non-precedential, the case reflects continuing uncertainty as to