On November 30, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s finding that a settlement was not a coupon settlement when applying the three factors outlined in In re Online DVD-Rental Antitrust Litig., 779 F.3d 934, 950 (9th Cir. 2015).
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Fourth Circuit Vacates and Remands Class Certification Decision in Accordance with Supreme Court’s Directive to Consider Ramirez’s Effect on Issues of Standing in Mortgage Class Action
On October 28, 2022, the U.S. Court of Appeals for the Fourth Circuit in Alig v. Rocket Mortgage vacated and remanded for reconsideration a district court order certifying a class of mortgage borrowers, highlighting an important Article III standing issue in class action lawsuits. See Alig v. Rocket Mortgage, LLC, 52 F.4th 167 (4th Cir.…
U.S. Court of Appeals’ Continued Skepticism Over Putative Class Member Motions to Intervene
On October 7, 2022, the U.S. Court of Appeals for the Fifth Circuit denied a purported class representative’s attempt to intervene in a class action. The class representative had argued that his interests were not adequately represented.…
Eleventh Circuit Concludes that Foreign Country’s Equitable Tolling Standards Can Apply in Federal Class Action
In a recent case addressing the novel issue of whether foreign law trumped United States law for purposes of class action tolling, the U.S. Court of Appeals for the Eleventh Circuit concluded that Colombian law on equitable tolling applied, even though the defendant was based in New Jersey.…
Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability
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…
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…