The Supreme Court issued its opinion today in the first of what will be several class-action-related decisions this term. As noted in my Supreme Court preview post, the primary issue in Campbell-Ewald Co. v. Gomez, No. 14-857 was whether an unaccepted offer of complete relief to a named plaintiff in a class action had the effect of mooting the plaintiff’s claim, depriving a federal court of Article III jurisdiction. The Court said no, agreeing with the now unanimous view of the Circuit Courts of Appeals. Click this link for a copy of the slip opinion. Justice Kennedy sided with the liberal wing of the Court in supporting Justice Ginsburg’s majority opinion, with Justice Thomas concurring in the judgment. Perhaps the most interesting thing about the opinion from a practitioner’s point of view is the issue that the majority expressly decline to address despite having been discussed at some length during oral argument:
We need not, and do not, now decide whether the result would be different if a defendant deposits the full amount of the plaintiff ’s individual claim in an account payable to the plaintiff, and the court then enters judgment for the plaintiff in that amount. That question is appropriately reserved for a case in which it is not hypothetical.
So, just as we were left with a cliffhanger when the Court decided its previous case involving offers of judgment, Genesis Healthcare Corp. v. Symczyk, we’ll have to stay tuned for the third chapter of the trilogy to find out whether paying the full amount of a plaintiff’s claim into the registry of the Court moots a class action. Be on the lookout for a preview of this issue at a District Court near you.
Posted in Class Action Decisions, Supreme Court Decisions | Tagged article III, campbell-ewald, class action, genesis healthcare, ginsburg, gomez, kennedy, moot, mootness, offer of judgment, offer of settlement, offers of judgment, registry of the court, rule 68, Supreme Court, symczyk, thomas | Leave a Comment »
A key trend in employment-related class actions these days is a surge in lawsuits alleging that employers have violated wage and hour or employee benefits laws by misclassifying employees as independent contractors. BakerHostetler Partner Todd Lebowitz has authored an excellent white paper on the subject, titled Independent Contractor Misclassification, 2016 Legal Analysis. The paper details the analytical framework by which a particular worker is properly classified as employee or independent contractor and discusses the potential legal and regulatory implications arising from an employer’s misclassification of workers. To download the paper, CLICK HERE.
Posted in Articles, Employment Class Actions | Tagged benefits, class action, employment class action, FLSA, misclassification, wage and hour class action | Leave a Comment »
I authored a recent article on developments in data privacy class actions, which was published late last week as part of a year-in-review series on BakerHostetler’s Data Privacy Monitor. For my article, titled 5 Big Developments in Privacy Class Actions in 2015, and 3 to Look for in 2016 and for other great content on data privacy issues, including class action developments, be sure to check out www.dataprivacymonitor.com.
Posted in Articles, Data Privacy Class Actions | Tagged 2015, 2016 predictions, class action, class certification, data breach, data privacy, data privacy monitor, year in review | Leave a Comment »
I’ll be speaking at a data breach and privacy litigation conference on February 11, 2016 at the Julia Morgan Ballroom, 465 California Street, San Francisco. The program is sponsored by HB Litigation Conferences and features an all-star faculty (present company excluded) of plaintiffs’ and defense litigators, insurers, settlement administrators, coverage lawyers, and other key stakeholders in this exciting and emerging area of the law. For more information about this can’t-miss program, see the link below. Hope to see you there!
Posted in CLE Programs | Tagged class action litigation, Class Action Settlements, class actions, CLE Programs, data security class action, privacy class action | Leave a Comment »
Thomson Reuters contributor Alison Frankel interviewed me for an article she posted today on the class action cases pending during the current Supreme Court term. Here is a link to her article. For those who are not familiar with Frankel’s On the Case Blog, be sure to add it to your regular reading list. She is one of the best in the business.
Posted in Articles, Class Action Decisions, Supreme Court Decisions | Tagged anosmia, campbell-ewald, class action, class certification, fcra, FLSA, picking off, rule 68, spokeo, statistics, TCPA, tyson | Leave a Comment »
I just received my courtesy copy to the latest edition of the Akron Law Review, a symposium issue titled The Class Action After a Decade of Roberts Court Decisions, Volume 48, Issue 4 (2015). My colleague Dustin Dow and I contributed an article entitled The Practical Approach: How the Roberts Court Has Enhanced Class Action Procedure by Strategically Carving at the Edges. The contributors to the issue are academics, students, and practitioners from both sides of the bar, including Professor Bernadette Bollas Genetin, Professor Richard Freer, Elizabeth Cabraser, Professor Michael Selmi & Sylvia Tsakos, Andrew Trask, Professor Mark Moller, and Eric Alan Isaacson. The articles range in perspective from theoretical to historical to practical, with some surveying the Roberts Court’s class action decisions generally, and others focusing on the Roberts Court’s contributions in key areas of the law.
For anyone who follows the Supreme Court’s decisions on class action issues, this is a must-read issue. Check it out by clicking the link on the symposium title above.
Posted in Articles, Class Action Decisions, Supreme Court Decisions | Tagged akron, class actions, class certification, john roberts, law review, roberts court, Supreme Court | Leave a Comment »
In September, I reported on the Rule 23 Miniconference that I attended in Dallas to discuss the proposed changes being considered by the Rule 23 Subcommittee to the Advisory Committee on Civil Rules. The Subcommittee recently issued its updated report after incorporating the comments and suggestions received during the Miniconference, and it pared down considerably the changes under consideration. For an excellent report on the revised report, see Andrew Trask’s post on his blog, Class Action Countermeasures.
Posted in Class Action News, class action reform | Tagged advisory committee on civil rules, class action, rule 23, rule 23 subcommittee | Leave a Comment »