Seventh Circuit Directs Certification of a Negative Value FDCPA Case

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Plaintiff brought a putative class action alleging that the defendant violated the Fair Debt Collection Practices Act (FDCPA) when it sought to collect or settle debts that were not legally enforceable because the statute of limitations had run. The proposed Class Definition was: (a) all individuals in Illinois (b) to whom [the defendant] (c) sent a letter seeking to collect …

U.S. Fifth Circuit Declines to Extend Class Release to Claims for Which No Recovery was Afforded

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In a Per Curiam decision arising out of the Chinese Drywall Litigation, the U lipitor weight loss.S. Fifth Circuit allowed a claim for stigma damages to go forward, despite the class release of claims “known and unknown, arising from, or otherwise related to” Chinese Drywall. “When deciding whether Mangiarelli’s stigma claims are within the scope of the Global and Banner …

Ninth Circuit Reverses Denial of Class Certification on Restitution Claim from Google AdWords Program

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“Pulaski alleges that Google misled advertisers by failing to disclose the placement of AdWords ads on parked domains and error pages…. The district court denied certification because it found that the putative class did not meet the predominance requirement. It explained that questions regarding which advertisers are entitled to restitution in the first instance, and the amount of restitution owed …

U.S. District Court in Minnesota Certifies Class of Financial Institutions against Target for massive Data Breach, applying Minnesota Law to Class Claims

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Plaintiffs issued credit and debit cards to consumers who, in turn, used those cards at Target stores during the period of the 2013 data breach. Alleging negligence, and violations of Minnesota’s Plastic Security Card Act, the putative class representatives suffered injury in the form of replacing cards for their customers, reimbursing fraud losses, and taking various other remedial steps in …

U.S. Second Circuit Reverses Certification of Bondholder Class based on Ascertainability Concerns

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“After Argentina defaulted on between $80 and $100 billion of sovereign debt in 2001, numerous bondholders, including Appellee here and those in the related Seijas cases, filed suit. In Appellee’s suit, the District Court entered an order on May 29, 2009, that certified a class under a continuous holder requirement, i.e., the class contained only those individuals who, like Appellee, …

U.S. Fifth Circuit Affirms Securities Fraud Class Against BP for Post-Spill Misrepresentations

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“[T]he plaintiffs’ theory of liability is that BP misrepresented the Spill’s flow rate. The theory of damages is that the stock price was inflated as a result of BP’s misrepresentations, as revealed by six corrective events. Some of those events are unequivocally connected to the alleged misrepresentations, i.e., a Coast Guard statement several days after the spill reporting that the …

In Class Action to Enforce Coupons that Were Not Being Honored, U.S. Seventh Circuit Approves Award of Fees Based on Lodestar Method, as Opposed to the Value of Coupons Redeemed

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“When Congress enacted the Class Action Fairness Act, one of its targets was abusive ‘coupon settlements,’ where defendants and class counsel agree to provide coupons of dubious value to class members but to pay class counsel with cash. The potential for abuse is greatest when the coupons have value only if a class member is willing to do business again …

U.S. Fifth Circuit Holds that Unaccepted Offer of Judgment to Proposed Class Representative Does Not Moot Putative Class Action Claims

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Joining the Second, Ninth, and Eleventh Circuits, the Fifth Circuit has held that “the court is not deprived of the ability to enter relief—and thus the claim is not mooted—when a named plaintiff in a putative class action rejects a settlement offer from the defendant.”  After reviewing the caselaw, the court concluded “that the reasoning of the Ninth and Eleventh …

Missouri Court of Appeals Rejects Motion to Compel Arbitration Where Company Reserved the Right to Go to Court

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“A contract lacks valid consideration if it purports to contain mutual promises, yet allows one of the parties to retain the unilateral right to modify or alter the agreement as to permit the party to unilaterally divest itself of an obligation it otherwise promised to perform.  A promise to arbitrate is illusory when the agreement promises mutuality of arbitration, but …

U.S. Supreme Court Grants Cert. to Review Class Judgment in Tyson Wage & Hour Case

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Tyson employees went to trial and obtained a favorable judgment on their FLSA claims, which were certified as a collective action, and on their State Law Claims, which were certified under Rule 23.  At trial, plaintiffs proved liability and damages by using individual timesheets, along with average donning, doffing, and walking times calculated from 744 employee observations.  “According to Tyson, …