Class Action Countermeasures

The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class Action Fairness Act (“CAFA”).  In Leflar v. Target Corp.,[1] the district court held that “all doubts about federal jurisdiction” must be in favor of remand.  While this presumption may apply

On Jan. 4, the 10th U.S. Circuit Court of Appeals made an important ruling in a Title IX class action seeking to compel creation of a girls-only high school football team.

Read on for details about this case, which highlights the gravity of precisely applying the standard of commonality of interest and demonstrates that a

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.

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.