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Posts published in “Class Actions”

Clas Actions

3rd Cir. Upholds Denial of Class Cert. on ‘Ascertainable Loss,’ Causation Deficiencies

The U.S. Court of Appeals for the Third Circuit recently affirmed a denial of class certification, holding that the plaintiffs’ theory was insufficiently supported by class-wide evidence to demonstrate the fact of damages whether on the issues of “ascertainable loss” or “causal relationship,” and failed…

Minn. District Court Holds Even Complete Tender Does Not Moot Individual or Putative Class Claims

Interpreting the Supreme Court of the United States’s ruling in Campbell-Ewald Co. v. Gomez, the U.S. District Court for the District of Minnesota recently held that a defendant cannot moot a putative class action against it, even by tendering the full amount claimed to the named…

3rd Cir. Rejects Attempt to Distinguish Campbell-Ewald, Holds Rule 68 Offer of Judgment Did Not Moot Claims

The U.S. Court of Appeals for the Third Circuit recently upheld a trial court’s ruling that an unaccepted offer of judgment under Fed. R. Civ. Pro. Rule 68, made before a plaintiff files a motion for class certification, does not make the case moot. The…

CFPB’s Proposed Arbitration Rule Designed to Protect Consumer Financial Services Class Actions

The Consumer Financial Protection Bureau has released a proposal to prohibit creditors from using arbitration clauses to block class action litigation. The Bureau’s proposed ban is not surprising. However, it will only impact arbitration agreements concerning covered consumer financial products or services entered into after its…

6th Cir. Reverses Dismissal of Class Action That Overlapped With Earlier-Filed Class Action

The U.S. Court of Appeals for the Sixth Circuit recently reversed a district court’s dismissal of a putative class action lawsuit, holding that while the district court was correct that the first-to-file rule applied because of a previous class action involving substantially the same parties…

9th Cir. Affirms Denial of Class Cert. in TCPA Action on Ascertainability, Predominance Grounds

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a district court’s order denying class certification in a lawsuit alleging violation of the federal Telephone Consumer Protection Act (TCPA), holding that the “district court did not abuse its discretion by finding the requirements…

Fla. UDAAP Class Claim for Injunctive Relief Can Survive Where There is No Actual Loss

Providing a putative class representative with complete relief did not moot his individual and class demand for declaratory and injunctive relief under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) according to a recent decision from a divided panel of Florida’s First District Court…

7th Cir. Rejects Heightened or Stringent ‘Ascertainability’ Requirement for Class Certification

The U.S. Court of Appeals for the Seventh Circuit recently refused to impose a heightened “ascertainability” requirement at class certification. More specifically, the Court held that plaintiffs do not have to prove at the class certification stage that there is a “reliable and administratively feasible”…