The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court's denial of class certification, concluding that (1) the plaintiffs' nationwide class action complaint alleged violations of the Minnesota Consumer Fraud Act, and thus rebuttal evidence was permitted; (2) the defendant company had evidence challenging the extent to which each plaintiff allegedly relied on the alleged omissions; and (3) individualized findings on reliance were therefore required, which would likely lead to multiple mini-trials within the class action.
Posts tagged as “Class Actions”
The U.S. Court of Appeals for the Eighth Circuit recently reversed a trial court's decision to remand a removed action to state court under the local-controversy exception to the federal Class Action Fairness Act of 2005 (CAFA).
On June 25, 2021, the Supreme Court of the United States held that a plaintiff must suffer a concrete injury resulting from a defendant’s statutory violation to have Article III standing to pursue damages from that defendant in federal court. The Court also held that plaintiffs in a class action must prove that every class member has standing for each claim asserted and for each form of relief sought.
8th Cir. Holds Defendants May Simultaneously Move to Strike Class Allegations and Compel Arbitration
8th Cir. Holds Defendants May Simultaneously Move to Strike Class Allegations and Compel Arbitration
The U.S. Court of Appeals for the Eighth Circuit recently reversed a trial court's decision and remanded for entry of an order striking the plaintiff's class action allegations and compelling arbitration.
The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s denial of a motion to compel arbitration in a putative class action lawsuit under the federal Telephone Consumer Protection Act.
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a trial court’s ruling that, under Florida law, a policy exclusion that barred coverage for claims arising out of an invasion of privacy also unambiguously excluded coverage for claims alleging violations of the federal Telephone Consumer Protection Act, when the complaint specifically mentioned invasions of privacy.
The U.S. Court of Appeals for the Eighth Circuit recently reversed and remanded a trial court’s certification of a class under Federal Rule of Civil Procedure 23(b)(3).
The U.S. Court of Appeals for the Fourth Circuit recently affirmed in part and vacated and remanded in part a trial court’s grant of summary judgment in favor of plaintiffs who brought a class action suit alleging that the pressure tactics used by the defendants on home appraisers to raise the appraisal values on the plaintiffs’ homes constituted conspiracy, breach of contract and unconscionable inducement under the West Virginia Consumer Credit and Protection Act.
The Appellate Court of Illinois First District, Sixth Division, recently reversed in part and affirmed in part a trial court’s dismissal of a putative class action plaintiff’s claim that one of the defendants, a healthcare provider from whom the plaintiff received medical treatment following a personal injury, attempted to unlawfully assign its statutory lien against the plaintiff’s personal injury settlement to the other defendant, a financial services company and non-healthcare provider.
The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s grant of judgment on the pleadings and dismissal of two individual plaintiffs’ claims in a putative class action lawsuit.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s order granting a putative class plaintiff’s motion to remand a case back to state court for lack of standing.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the denial of a post-judgment motion filed by two class members to exclude themselves from the class settlement or alternatively enlarge their time to opt out in order for them to continue parallel litigation in state court.