In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide them with required third-party information in credit reports. In issuing the decision, the court is one of the first Circuit Courts to squarely address the
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Titanium Dioxide: The Next Big Chemical Compound Driving Class Action Litigation?
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…
Fifth Circuit Sua Sponte Vacates Class-Certification Order for Lack of Standing
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…
Manufacturers and Retailers Beware: New Warranty Class Actions
During a span of less than two months, a group of Arkansas lawyers filed 22 class action suits in Lonoke County, Arkansas, alleging violations of the Magnuson-Moss Warranty Act. Here are five key items to know:…
Eleventh Circuit Denies En Banc Request, Confirms Holding that Class Action Incentive Payments are Improper
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.…
Eleventh Circuit Vacates Class Certification and Settlement Based on Lack of Standing for Class Members
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…
Sixth Circuit Addresses Pre-Certification and Post-Certification Engagement of Potential Class Members in Class Actions
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…
Seventh Circuit Vacates 25% Attorneys’ Fee Award
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…
Seventh Circuit Strikes Down Stealth Class Actions
In Ali v. City of Chicago, —F.4th—, 2022 WL 1548176 (May 17, 2022), the Seventh Circuit Court of Appeals recently struck down one litigant’s attempt to employ a “stealth” class action.…
Seventh Circuit Construes CAFA Exception for the First Time
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…