Class Action Countermeasures

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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   Although non-precedential, the case reflects continuing uncertainty as to

In Ruhlen v. Holiday Haven Homeowners, Inc., 11th Cir. No. 21-90022, 2022 WL 701622 (11th Cir. Mar. 9, 2022), the Eleventh Circuit denied a petition for permission to appeal a district court’s sua sponte remand of a case to state court.

Initially, this case was filed in Florida state court by a group of current

On a question of first impression in the Fourth Circuit, McAdams v. Robinson, 2022 WL 401806 (4th Cir. Feb. 10, 2022) concluded that absent class members[1] objecting to a magistrate judge’s jurisdiction over settlement are not “parties” under 28 U.S.C. § 636(c).  So a magistrate judge does not need the consent of an absent

In Arkansas Teacher Retirement System v. State Street Corporation, — F.4th —-, 2022 WL 391450 (1st Cir. Feb. 9, 2022), the First Circuit Court of Appeals upheld a district court’s sanction of law firm Lieff Cabraser Heimann & Bernstein LLP (“Lieff Cabraser”) related to class action attorney’s fees.

Lieff Cabraser, along with several other firms,

As we touched on last summer,[1] whether a district court may certify a class action without resolving challenges to the admissibility of fact or expert evidence is still an unsettled question.  This question is particularly important with respect to expert evidence, given that class certification frequently hinges on competing experts’ opinions regarding the propriety

A new Seventh Circuit decision – Santiago v. City of Chicago – bolsters the strategy among some class action defense lawyers to not bifurcate class certification and merits discovery.[i] This strategy instead contemplates that the opposition to Plaintiff’s class certification motion will be filed simultaneously with a motion for summary judgment. The Seventh Circuit’s

Many states have statutes establishing that, as a condition of registering to do business in a state, a foreign corporation consents to general personal jurisdiction in that state.  Since the Supreme Court’s decision in Daimler AG v. Bauman, 571 U.S. 117 (2014) tightening the scope of the general personal jurisdiction doctrine, lower courts have wrestled