U.S. Supreme Court Holds that Statistical Samples Can Be Used in Class Actions Where Such Evidence Would Be Admissible to Establish Liability in an Individual Case

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“Following a jury trial, a class of employees recovered $2.9 million in compensatory damages from their employer for a violation of the Fair Labor Standards Act.  The employees’ primary grievance was that they did not receive statutorily mandated overtime pay for time spent donning and doffing protective equipment.  The employer seeks to reverse the judgment. It makes two arguments. Both …

Northern District of California Judge Rebukes the Affirmative Requirement to Submit a Claim where Defendant Has Information to Simply Provide Eligible Classmembers with Compensation

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In a collective action under the FLSA which was also certified under Federal Rule 23(b)(3), preliminary approval of the proposed class settlement was denied, where “members of the opt-out California class would need to submit a claim form. The claim form asks only for a signature and also includes an option to submit a different address than the one to …

U.S. Supreme Rejects Argument that an Expired Offer of Judgment Can Moot a Putative Class Action

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A putative class action was brought under the Telephone Consumer Protection Act (TCPA), alleging the receipt of unsolicited text messages. Prior to the agreed-upon deadline for the plaintiff, Mr. Gomez, to file his motion for class certification, the defendant, Campbell-Ewald, proposed to settle Gomez’s individual claim and filed an offer of judgment pursuant to Federal Rule of Civil Procedure 68. …

U.S. Fifth Circuit Denies Remand under Local Controversy Exception where Class Definition Does Not Clearly Limit Membership

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Plaintiff Arbuckle Mountain Ranch sued for a putative class of post-foreclosure owners of disputed oil and gas interests. The putative class allegedly includes “between three thousand and five thousand” members “spread out across the United States.” Arbuckle claims the defendants’ oil and gas leases automatically terminated upon foreclosure, and the defendants’ continued operation of these wellheads therefore constitutes trespass and …

U.S. Fifth Circuit Clarifies Standard for Remand of “Mass Tort” under CAFA

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A lawsuit alleging personal and property damages stemming from oil pipe-cleaning operations was filed in Louisiana state court and removed under the Class Action Fairness Act (“CAFA”). The district court allowed jurisdictional discovery, and then ordered the case remanded to state court on the ground that the defendants had not met their burden of showing that at least one plaintiff …

Court in Southern District of New York Rejects Defendant’s Challenge to “Ascertainability”

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The Court originally denied plaintiff’s motion to certify a state-wide class of persons who were charged 75 cents per page by the defendant, HealthPort Technologies, for copies of medical records. See 2015 WL 6873399 (S.D.N.Y. Nov. 9, 2015). The Court noted, however, that it stood ready to certify a narrower class of those who requested records from Beth Israel Medical …

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 …