Ninth Circuit Rejects Stand-Alone ‘Administrative Feasibility’ Requirement in Addition to the Superiority considerations under Rule 23(b)(3)

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Plaintiffs brought a putative class action against ConAgra on behalf of consumers who purchased Wesson-brand cooking oil products labeled u201c100% Naturalu201d which they allege was false or misleading, as Wesson oils are made from bioengineered ingredients that are u201cnot natural.u201du00a0 The district corut granted class certification, and the U.S. Ninth Circuit Court of Appeals affirmed. n “The language of Rule …

John Wick: Chapter 2(2017)

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John Wick: Chapter 2(2017) Quality : HDTitle : John Wick: Chapter 2Director : Chad Stahelski.Writer : Release : 2017-02-08Language : English.Runtime : 122 min.Genre : Thriller, Action, Crime. Synopsis : Movie ‘John Wick: Chapter 2’ was released in February 8, 2017 in genre Thriller. Chad Stahelski was directed this movie and starring by Keanu Reeves. This movie tell story about …

Eastern District of North Carolina Certifies Class and Grants Summary Judgment under ERISA on Unpaid Contributions

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Participants filed a putative class action against Trojan Horse and Glen Burnie Hauling for failing to make deposits into their defined contribution 401(k) plan, despite having continued to make such deductions and withholdings from plaintiffs’ wages.  The plaintiffs also joined Ascensus Trust, and sought summary judgment on fiduciary status and breach. The Court found that “the unpaid Plan contributions are …

Northern District of Illinois Certifies FDCPA Claims, Rejecting Challenges based on Ascertainability and Article III

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A debt collector’s “attempt to impose percentage-based collection costs or fees absent a prior express agreement violates the FDCPA, unless such costs are allowed by applicable state law…. NRA contends that the proposed class is not ascertainable because ‘to the extent liability, if any, turns on whether or not the “costs” charged to each putative class member were expressly authorized …

U.S. District Court in Hawaii Finds Formal Trial Plan Unnecessary in Absence of Individualized Proof Problems

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A class action was brought against Lloyds Bank regarding the issuance of certain dual currency, or International Mortgage System (“IMS”), loans.  The U.S. District Court in Hawaii certified a class, and the U.S. Ninth Circuit denying Lloyds’ Rule 23(f) petition. Lloyds then filed a Motion to Compel Trial Plan “illustrating the expected course of proceedings at trial and showing that …

U.S. Seventh Circuit Affirms Certification of Anti-Trust Action; Rejects Application of Previous Class Release

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Plaintiffs brought suit alleging that the defendants agreed to restrict the supply of containerboard by cutting capacity, slowing back production, taking downtime, idling plants, and tightly restricting inventory, thereby leading to an increase in the price of containerboard.  A nationwide class of direct purchasers was certified, and the Seventh Circuit Court of Appeals affirmed. First, the court noted that the …

U.S. Supreme Court Vacates and Remands Statutory Damages Case for “Concreteness” of Injury Analysis under Article III

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The defendant operates a ‘people search engine’ which conducts a computerized search in a wide variety of databases and provides information about the subject of the search.  Based on inaccurrate information that gathered and then disseminated about the plaintiff, he filed a class complaint under the Fair Credit Reporting Act (FCRA), which provides that any business or person who willfully …

Judge in W.D. Arkansas Sanctions Attorneys who Dismiss Putative Class Action to Effectuate Settlement in State Court

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A putative class action was filed in the Circuit Court of Polk County, Arkansas, and properly removed under the Class Action Fairness Act of 2005 (CAFA). An answer was filed, followed by a motion for partial judgment on the pleadings.  Then the court stayed the action on joint motion of the parties. At the initial mediation session, the possibility of …

Fifth Circuit Remands Putative Class Action under CAFAs Home State Abstention after RICO Claims are Dismissed

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A putative class action was filed by a Louisiana citizen in Texas State Court challenging the use of red light cameras within Texas. After removal, Watson amended his complaint to delete the RICO claim, and, eleven days later, moved to remand the case to State Court, arguing that CAFA’s exceptions precluded the district court from exercising diversity jurisdiction over the …

U.S. Ninth Circuit Declines to Mechanically Apply Traditional Conflict Rules to Class Actions

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The articulated bases for the State of California’s automatic disqualification rule for simultaneous conflicts “fits the circumstances of the lawyer who represents a class of plaintiffs whose interests may in some ways be adverse to each other, but all of whose interests are adverse to the defendant. In a class action, conflicts often arise not because an attorney simultaneously represents litigation adversaries but …