March 29, 2024
U.S. District Court in Wisconsin Denies Certification in TCPA Based on the Need for Individualized Article III Standing Determinations, (although Rejecting Defendant’s Predominance Attack on “Consent”)
Written by Steve Herman
March 29, 2024
U.S. Fifth Circuit Rejects CAFA’s “Local Controversy” Exception where All Putative Classmembers Did Not Suffer their Principle Injuries in Forum State
Written by Steve Herman
November 6, 2023
U.S. Third Circuit Reverses Class Action Fee Award, While Raising Questions About Clear Sailing and Reversion
Written by Steve Herman
October 26, 2023
Supreme Court of Colorado Refuses to Create an Exception to the Litigation Privilege on the Basis that the Proposed Class in the Underlying Class Action Was Easily “Ascertainable” From Business Records, etc.
Written by Steve Herman
October 26, 2023
U.S. Magistrate Judge in the Southern District of Texas Recommends Certification of (b)(1) ERISA Class, Despite Challenges to Absent Class Member Standing and Adequacy of Representation
Written by Steve Herman
October 26, 2023
D.C. Circuit Court of Appeals Finds that “Fail Safe” Class Definitions Should Not Result in the Denial of Certification, Where the Issue is Merely One of Wording, and Not Substance
Written by Steve Herman
September 17, 2023
U.S. Fifth Circuit Looks at the Duration of Alleged Conduct at Issue in Determining whether Corporation Purchased by Out-of-State Company is a Local Defendant for Purposes of CAFA’s Local Controversy Exception
Written by Steve Herman
August 8, 2023
U.S. Second Circuit Rejects Ascertainability and Adequacy-of-Representation Challenges to Visa Interchange Fee Settlement
Written by Steve Herman
August 8, 2023
The Federal Circuit Reverses Fee Award Based Solely on Percentage-of-Benefit where the Class Notice Indicated that the Court Would Apply Lodestar “Cross-Check”
Written by Steve Herman
August 8, 2023
U.S. Ninth Circuit Affirms Welfare Plan Participant Standing to Assert Breach of Fiduciary Duty Claims while Reversing the Certification of a Denial-of-Benefits Class for the “Reprocessing” of Claims
Written by Steve Herman