The U.S. Court of Appeals for the Ninth Circuit recently held that it is generally not legal error for a trial court to hold that a settlement class satisfies class action predominance requirements, particularly for a class asserting a unifying federal claim, without first performing a choice-of-law analysis.
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Clas Actions
The U.S. Court of Appeals for the Ninth Circuit recently held that a defendant that relies on potential punitive damages to satisfy the amount in controversy for removal under the federal Class Action Fairness Act meets that requirement if it shows that the proffered punitive/compensatory damages ratio is reasonably possible.
The Massachusetts Supreme Judicial Court recently affirmed a lower court’s denial of a debt collector’s motion to compel arbitration, holding that the defendant had failed to provide “clear and definite” evidence of the parties’ intent that it benefit from the arbitration provision at issue.
The U.S. Court of Appeals for the Ninth Circuit recently dismissed as moot an employee’s appeal of a trial court’s ruling denying class certification after he reached an individual settlement with his employer as to his claims for workplace meal break violations.
The U.S. Court of Appeals for the Seventh Circuit recently reversed a trial court’s order remanding a plaintiff’s claims under the Illinois Biometric Information Privacy Act (BIPA) back to state court for lack of subject-matter jurisdiction because she lacked standing under Article III.
The Fair and Accurate Credit Transactions Act prohibits merchants from including, among other information, credit- and debit-card expiration dates on printed receipts. After this provision originally became effective in 2004, plaintiff class-action firms flooded courts with expiration date lawsuits, which courts and others “met with varying degrees of contempt.”
The U.S. Court of Appeals for the Sixth Circuit recently held that a lawsuit brought by the attorney general of Michigan on behalf of Michigan residents did not qualify as a “class action” under the federal Class Action Fairness Act (CAFA).
The U.S. Court of Appeals for the Sixth Circuit recently reversed the dismissal of a homeowner’s claims against her hazard insurer related to its deduction for costs of labor as “depreciation” in determining its net payment for damage to the home.
The U.S. Court of Appeals for the Ninth Circuit recently held that the trial court had Article III jurisdiction and did not abuse its discretion in approving a settlement between a social media company and a nationwide class of its users who alleged that the social media company routinely scanned and collected their private information without their consent.
The Maryland Court of Appeals recently held that victims on whose behalf money is collected or property is recovered by the Maryland Consumer Protection Division of the Attorney General's Office (CPD) or federal Consumer Financial Protection Bureau have no authority, through a private settlement, whether or not approved by a court, to preclude the CPD or CFPB from pursuing their own remedies.
The Supreme Court of Illinois recently held that an effective tender made prior to a class certification motion, which satisfies the named plaintiff’s individual claim, moots her interest in the litigation and ends the matter.
In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit recently held that the protections against default judgment under the Servicemembers Civil Relief Act (SCRA) do not apply to the seizure and sale of real property in in rem proceedings under Louisiana law where the debtors have agreed to a confession of judgment in the mortgage or security agreement.