Archive for Class Actions

Calif. App. Court (1st Dist) Affirms Denial of Class Cert for Lack of Evidence Identifying Putative Class Members

The California Court of Appeal for the First District recently affirmed an order denying class certification because the plaintiff did not present evidence to demonstrate how putative class members can be identified from the defendant’s records. A copy of the opinion in Noel v. Thrifty Payless, Inc. is available at:  Link to Opinion. In July 2013,

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Calif. App. Court (4th Dist) Upholds Denial of Class Cert, Rules Injunctive Claims Not Easier to Certify

The California Court of Appeal for the Fourth District recently affirmed an order denying class certification in a declaratory relief action because the plaintiff failed to establish ascertainability, predominance and superiority. In so ruling, the Appellate Court held that California Code of Civil Procedure section 382 did not have an equivalent to Rule 23(b)(1)(A) or

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9th Cir. Rejects Attempt to Hold Lenders Liable for Promoter’s Alleged TCPA Violations

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s judgment in favor of several lender defendants in a putative TCPA class action, ruling that the defendants could not be vicariously liable under the TCPA for a promoter’s text messages because the promoter was either not the defendants’ agent or the

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2nd Cir. Affirms Judgment in Defendants’ Favor in TCPA Putative Class Action

The U.S. Court of Appeals for the Second Circuit recently affirmed the entry of judgment on the pleadings against the plaintiff in a putative class action alleging that a text message sent by a third party on behalf of a hospital reminding the plaintiff about a flu shot violated the federal Telephone Consumer Protection Act (TCPA),

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6th Cir. Reverses Contempt Sanction Against Defendant That Thwarted Paying Plaintiff Class Counsel’s Fees

The Sixth Circuit Court of Appeals recently concluded that distributing all of a company’s cash to its owners after a class action settlement was reached but before the court’s order to pay became final, thus leaving the company without the ability to pay class counsel’s fees or administration costs as required under the settlement agreement,

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7th Cir. Upholds Class Settlement Despite Atty Fee Award in Excess of Award to Class

The U.S. Court of Appeals for the Seventh Circuit recently held, over extensive objections by intervenors, that the trial court did not abuse its discretion in approving a class action settlement, despite alleged problems with the class notice and the fact that the attorneys’ fees award exceeded the total award to the class. In so

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3rd Cir. Holds Defendants Arguing Class Not Ascertainable in TCPA Suit Must Still Produce Putative Class Member Info

The U.S. Court of Appeals for the Third Circuit recently reversed an order denying a motion to compel production of a marketing database of putative class members in a federal Telephone Consumer Protection Act (TCPA) lawsuit. In so ruling, the Third Circuit held that:  (1) defendants arguing that a class is not ascertainable should be required

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9th Cir. Holds No Remand When Only Portion of Putative Class Met CAFA’s Home-State Controversy Exception

The U.S. Court of Appeals for the Ninth Circuit recently held that a plaintiff cannot force remand of a federal Class Action Fairness Act (CAFA) removal under the home-state controversy exception when only a portion of the putative class met the two-thirds citizenship requirement. A copy of the opinion Brinkley v. Monterey Financial Services, Inc. is available at:  Link

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9th Cir. Holds TCPA Claim Not Covered Due to ‘Invasion of Privacy’ Exclusion

The U.S. Court of Appeals for the Ninth Circuit recently held that a liability insurance policy that broadly excluded coverage for invasion of privacy claims also excluded coverage for claims for violations of the federal Telephone Consumer Protection Act. A copy of the opinion in L.A. Lakers v. Federal Ins. Co. is available at:  Link to

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8th Cir. Affirms Dismissal of Data Breach Class Action, But Not for Lack of Standing

The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a putative class action complaint alleging various causes of action relating to the cybertheft of personally identifiable information, based in part on the plaintiffs failure to adequately allege any damages caused by the data breach or how the defendant breached the

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9th Cir. Holds Defendant Not Vicariously Liable Under TCPA

The U.S. Court of Appeals for the Ninth Circuit recently held that a defendant could not be held vicariously liable under the federal Telephone Consumer Protection Act (TCPA) because the phone calls at issue were made by a company whose telemarketers were independent contractors, and thus were not acting as the defendant’s agents under the

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4th Cir. Holds Defendant Must Present Sufficient Evidence to ‘Determine – Not Speculate’ as to CAFA’s Requirements

The U.S. Court of Appeals for the Fourth Circuit recently held that a defendant invoking jurisdiction under the federal Class Action Fairness Act (CAFA), 28 U.S.C. § 1332(d), must provide sufficient evidence to allow the court to determine – not speculate – that it was more likely than not that there were at least 100

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