JD Supra

Fifth Circuit Affirms Striking of Class Allegations

On January 5, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision to strike class allegations after only limited discovery. In this case, Elson v. Black, No.
JD Supra

Second Circuit Affirms Class Decertification Based On Inadequate Representation

The Court of Appeals affirmed, holding that the trial court acted within its discretion because class counsel’s conduct made clear that “counsel was no longer adequately representing the class.”[11] ...
Law

Tenth Circuit Adopts Ascertainability Test and Clarifies Class Action Requirements

In Cline v. Sunoco, Inc. R&M, the U.S. Court of Appeals for the Tenth Circuit largely affirmed the federal district court’s rulings certifying a class and awarding damages, and in the process, adopted ...
The National Law Review

First Circuit Rejects Class Action Settlement Based on Potential Intra-class Conflict, But Approves Named Plaintiff Incentive Awards

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Law

Sixth Circuit Creates Circuit Split on Insurance Valuation Class Action Certification

The Sixth Circuit concluded a federal judge for the Western District of Tennessee did not abuse its discretion when it certified the class. However, the Third, Fourth, Seventh and Ninth circuits this ...
Reuters

9th Circuit decertifies tuna price-fixing classes, clamps down on uninjured class members

Antitrust class action plaintiffs won a battle on Tuesday when the 9th U.S. Circuit Court of Appeals ruled in Olean Wholesale Grocery Co-op Inc v. Bumble Bee Foods LLC(2021 WL 1257845) that three ...