United States District Court Judge Janet C. Hall issued an order today rejecting the proposed settlement in Wilson v. DirectBuy, Inc., No. 3:09-CV-590 (JCH) (D. Conn. May 16, 2011) (Here is a link to the slip opinion). The controversial settlement had been opposed by 39 attorneys general, a nonprofit consumer rights organization, and had been singled [...]
Archive for the ‘Federal Court Decisions’ Category
DirectBuy Settlement Rejected
Posted in Class Action Decisions, Class Action Fairness Act, Class Action Settlements, Federal Court Decisions, tagged ags, attorney general, attorneys general, CAFA, class action objectors, class action settlement, class action settlement approval, coupon settlement, directbuy, district of connecticut, fairness hearing, janet c. hall, procedural fairness, substantive fairness on May 16, 2011 | 3 Comments »
Is the Key to Class Actions Under FRCP 23(b)(2) that the Plaintiff Seeks “Equitable” Relief, or that the Plaintiff Seeks “Monetary” Relief?
Posted in Class Action Decisions, Employment Class Actions, Federal Court Decisions, rule 23, tagged 23(b)(2), back pay, class action, dukes, employment discrimination, equitable, injunctive relief, monetary, posner, wal-mart on April 7, 2011 | Leave a Comment »
Last week, Seventh Circuit Court of Appeals Judge Richard Posner authored an opinion addressing one of the key issues awaiting a ruling by the United States Supreme Court this term, holding that an employment discrimination class action seeking back pay could not be certified under FRCP 23(b)(2). Here is a relevant excerpt from the opinion, Randall v. Rolls-Royce Corp., No. 10-3446, [...]
Second Circuit Deals Another Blow to Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Federal Court Decisions, tagged arbitration, arbitration waiver, class action waiver, class arbitration waiver, FAA, federal arbitration act, public policy, second circuit, sotomayor, stolt-nielsen on March 9, 2011 | 2 Comments »
Class arbitration waivers are contract provisions that require disputes be submitted to arbitration but also expressly preclude the arbitration from being conducted on a representative or class basis. Class arbitration waivers have been a hot topic in class action litigation over the past few years, as some courts have found that in certain contexts that the are unenforceable in violation of public [...]
BH Executive Alert: Seventh Circuit Issues Significant Decision on Consumer Injunctive Relief Class
Posted in Class Action Decisions, Consumer Class Actions, Federal Civil Procedure, Federal Court Decisions, tagged 23(b)(2), Baker Hostetler, injunctive class action, injunctive relief, kartman, seventh circuit on February 24, 2011 | Leave a Comment »
The Baker Hostetler website has a new Executive Alert discussing the Seventh Circuit Court of Appeals’ decision in Kartman v. State Farm Mut. Automobile Ins. Co., Case no. 09-1725, 2011 U.S. App. LEXIS 2830, and its potential implications. Kartman addressed, among other things, the applicability of Rule 23(b)(2) to consumer class actions in which the ultimate goal is [...]
Pennsylviana Federal Court Says Objective Standard Governs Willfulness Analysis under FACTA
Posted in Class Action Decisions, Class Action Trends, Federal Court Decisions, tagged anihilating liability, bateman, FACTA, facta class action, FACTA truncation, objective standard, statutory penalty, willfulness on February 14, 2011 | 2 Comments »
Over the weekend, John Papianou, class action defense lawyer and Partner at Montgomery, McCracken, Walker & Rhoads, sent me a copy of Long v. Tommy Hilfiger U.S.A. Inc., No. 09-1701 (W.D. Pa., February 11, 2011) (link courtesy of www.justia.com), an interesting decision involving the Fair and Accurate Transactions Act of 2003 (“FACTA”), 15 U.S.C. §§ 1681c(g), 1681n(a)(1)(A). [...]
A Breach of Contract Doesn’t Equal Fraud, and Other Observations
Posted in Class Action Decisions, Consumer Class Actions, Federal Court Decisions, tagged aftermarket parts, avery, breach of contract, CAFA, Class Action Fairness Act, consumer class action, consumer fraud, federal jurisdiction, fiduciary, fraud, geico, greenberger, insurance class action on January 11, 2011 | 1 Comment »
Two colleagues separately sent me a copy of the Seventh Circuit Court of Appeals’ decision yesterday in Greenberger v. GEICO General Insurance Co., slip op., No. 09-1603 (7th Cir., Jan. 10, 2011) (Sykes, J.), so I thought it was worthy of a summary. Greenberger involved would-be class action claims against an insurer for the alleged practice of not [...]
Supreme Court Adds a Fourth Class Action Case to its Docket
Posted in Class Action Decisions, Federal Civil Procedure, Federal Court Decisions, Securities Class Actions, Supreme Court Decisions, tagged burden of proof, class certification, erica p. john fund, fraud on the market, halliburton, price inflation, scotus, securities class action, securities fraud, Supreme Court, u.s. supreme court on January 7, 2011 | 1 Comment »
Instead of a trilogy of class action decisions by the U.S. Supreme Court this term, it looks like there will be a “quadrilogy“! For the fourth time in the October 2010 Term, the Court has granted certiorari in a class action-related case. Today, the Court granted cert in Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403. The [...]
Supreme Court Set to Hear Oral Argument in Smith v. Bayer on January 18
Posted in Class Action News, Federal Civil Procedure, Federal Court Decisions, rule 23, Supreme Court Decisions, tagged anti-injunction, baycol, class certification, collateral estoppel, enjoin state court class, federal injunction, personal jurisdiction, res judicata on January 5, 2011 | Leave a Comment »
In my 2010 wrap up posted last week, I neglected to mention one of the three class action-related cases in which the United States Supreme Court granted cert in 2010. Smith v. Bayer is an appeal of a case that did make my top 10 list, In re Baycol Products Litigation, 593 F.3d 716 (8th Cir. 2010). The Court granted cert last September to [...]
2010 Class Action Year in Review
Posted in Class Action Decisions, Class Action Fairness Act, Federal Court Decisions, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), all writs act, baycol, CAFA, CAFA removal, civil rights class action, class action review, Class Action Trends, class arbitration, class arbitration waiver, discrimination class action, diversity jurisdiction, dukes, FAA, foreign cubed, morrison, nerve center, preemption, rigorous analysis, shady grove, stolt-nielsen, top ten lists, wal-mart, year in review on December 31, 2010 | 1 Comment »
As 2010 winds down, it’s time to review the key developments in class action law. It was an especially busy year for the federal courts, and in particular the U.S. Supreme Court, on issues impacting class action practice. Here, in chronological order, are 10 key developments from the year that was: January 5 – In In [...]
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Is Smith v. Bayer a Case About Class Action Abuse or Abuse of Federal Power?
Posted in Commentary, Federal Civil Procedure, Federal Court Decisions, Supreme Court Decisions, tagged anti-injunction, collateral estoppel, federalism, in re baycol, issue preclusion, judgment, relitigation exception, roberts court, scotus, smith v. bayer, states' rights, u.s. supreme court on January 18, 2011 | Leave a Comment »
Earlier today, the U.S. Supreme Court held oral argument in Smith v. Bayer, which raises the question of a federal court’s power to enjoin a state court from considering class certification after the federal court had previously denied certification. A copy of the argument transcript is available for download at the Supreme Court’s website. Some of the key [...]
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