Seyfarth Synopsis: Following Delaware’s lead in Trulia, an Illinois District Court judge refused to approve a mootness fee settlement as “worthless to the shareholders.” The judge noted that such settlements amounted to a plaintiffs’ bar “racket” with the goal of obtaining fees in cases that should be “dismissed out of hand.” Specifically, Judge Thomas M.
Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context
From Seyfarth’s Workplace Class Action Blog
Seyfarth Synopsis: Satisfying Rule 23(b)(3)’s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. Among the many issues that arise is the extent to which varying state laws can impact whether questions of law or fact common to class members predominate over any questions
SCOTUS Opines on Article III Standing — More than a Statutory Violation is Needed
Seyfarth Synopsis: On March 20, 2019, in Frank, et al. v. Gaos, No. 17-961, 2019 WL 1264582 (U.S. Mar. 20, 2019), the U.S. Supreme Court held that the Article III standing preconditions to federal court litigation, as described in Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016), will not be undermined. The ruling is important
Eighth Circuit Alert: District Courts Must Determine Article III Standing Before Approving Class Settlements
On January 8, 2019, Judge Grasz, writing for an Eighth Circuit panel, reiterated the need for district courts to determine Article III standing before approving class settlements. The appeal stemmed from a putative class action wherein U.S. District Court Judge Nanette Laughrey decided to enforce the parties’ tentative settlement agreement without first deciding the standing
The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA
In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer’s purported violation of the Real Estate Settlement Procedures Act (“RESPA”). In upholding the decision, the Court held that the borrower failed to plead an
Picked Off: The Supreme Court Rejects The Mooting Effect of Unaccepted Offers of Judgment and Settlement
A seemingly innocuous recruitment text message from the United States Navy has led to the official unraveling of a tactic long-used and widely-favored by defendants to escape a class action lawsuit before class certification. In a 6-3 decision, the United States Supreme Court rejected the argument that an unaccepted settlement offer or offer of judgment
You Are Invited! Upcoming Webinar: Hot Topics and Trends in Consumer Class Action Law
On Tuesday, May 26, 2015 at 12:00 p.m. Central, Jason P. Stiehl, Giovanna A. Ferrari and Jordan P. Vick will present the first installment of the 2015 Class Action Webinar series. They will provide a summary of key decisions from 2014, identify key trends for companies to watch for in 2015, as well as practical
Seventh Circuit Says No to Anti-Suit Injunction Pending Final Approval of Settlement
By Eddy Salcedo
The Seventh Circuit recently weighed in on the circuit split over whether a federal court, after preliminarily approving a class action settlement but before final approval, may enjoin class members from pursuing litigation related to the underlying class claims. In Adkins v. Nestle Purina PetCare,the court ruled that such injunctions were
Seventh Circuit Slams Class Action Settlement in Consumer Fraud Case as a “Selfish Deal” and Sets New Rules for Judging the Reasonableness of Class Settlements.
The Seventh Circuit Court of Appeals recently invalidated a nationwide settlement agreement covering six consumer fraud class actions (“Settlement Agreement”) brought against NBTY, Inc., Rexall Sundown, Inc., and Target Corporation (“Defendants”). See Pearson v. NBTY, Inc., No. 14-1198 (decided Nov. 19, 2014). Each case was premised on Defendants’ allegedly deceptive marketing and sale of
Two Separate Opportunities for the United States Supreme Court to Corral Telephone Consumer Protection Act Litigation: Uesco Industries Inc. et al. v. Poolman of Wisconsin Inc and Turza v. Holtzman
First off, Happy New Year to our Blog Readers. Thank you for your patronage last year and we look forward to another year rolling over the legal class action landscape together.
As you may have recognized, either in reading our blog or simply reading the paper, a vast majority of the consumer class docket last