A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an opportunity to change its practices in response to the change (or clarification) in the law. This decision
Defense Strategy
Sixth Circuit Reminds District Courts and Defendants That Notice Must Be Given Before Binding Class Members
By Wystan Ackerman on
Posted in Defense Strategy
A recent decision by the U.S. Court of Appeals for the Sixth Circuit provides an important reminder that if defendants want absent class members to be bound by a summary judgment ruling in their favor, generally they must insist that notice be given to the class before that ruling is made.
In Faber v. Ciox…
Lack of Standing in TCPA Class Action Results in Remand to State Court, Says The Eighth Circuit
By Wystan Ackerman on
Posted in Defense Strategy
A recent decision by the Eighth Circuit in a Telephone Consumer Protection Act (TCPA) class action provides an important pointer for defendants and their counsel with respect to strategy in defending a putative class action. The key takeaway is to take into consideration whether the case was originally filed in federal court or removed from…
Judge Kavanaugh on Class Actions
By Wystan Ackerman on
Posted in Defense Strategy
With Judge Brett Kavanaugh’s nomination to the Supreme Court, one question to ask is whether, if he is confirmed, that will move the Court to any degree in class action cases. Unfortunately, we don’t have much to look at. The D.C. Circuit, with its small geographic footprint, is not a hotbed of class action filings.…
Sveen v. Melin: Supreme Court Speaks On the Contracts Clause
By Wystan Ackerman on
Posted in Defense Strategy
After a decades-long drought, the Supreme Court recently decided a case involving the Contracts Clause of the Constitution. You might not recall that provision because it is so rarely invoked in modern-day litigation (due to how it has been construed). It provides that “[n]o state shall . . . pass . . . any Law…
China Agritech, Inc. v. Resh: Class Actions Toll Statutes of Limitations Only for Individual Suits
By Wystan Ackerman on
Posted in Defense Strategy
Yesterday, in China Agritech, Inc. v. Resh, the U.S. Supreme Court ruled that, under its prior decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), the filing of a putative class action suit tolls the statutes of limitations only to allow individual, non-class suits to be filed after class…
Nationwide and Multi-State Class Actions Likely Limited by Bristol-Myers Squibb Decision
By Wystan Ackerman on
Posted in Defense Strategy
In Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), the U.S. Supreme Court held that the California state courts lacked personal jurisdiction over claims made by out-of-state plaintiffs in a mass action, where the plaintiffs did not claim that they were harmed in California and the defendant’s relevant conduct did not…
Impact of Surveys and Affirmative Defenses on Class Certification Motion Addressed By California Court of Appeal
By Wystan Ackerman on
Posted in Defense Strategy
In a long-running employment class action in California, a California Court of Appeal recently addressed once again the use of surveys of class members. The case was the subject of a prior California Supreme Court decision (see my June 2014 blog post), which provided guidance on the use of statistical evidence by plaintiffs to…
Rule 23(f) Petitions – Sixth Circuit Provides Guidance
By Wystan Ackerman on
Posted in Defense Strategy
When a defendant receives an adverse decision on a motion for class certification, whether the court of appeals grants permission to appeal under Rule 23(f) of the Federal Rules of Civil Procedure (or a state-court equivalent, if available) can be a crucial turning point in the case. If the court of appeals will not hear…
How Should Corporate Defendants Handle Media Inquiries Regarding Class Actions?
By Wystan Ackerman on
Posted in Defense Strategy
At the recent DRI Class Action Seminar, I asked Alison Frankel of Thomson Reuters how she thinks corporate defendants should best handle media inquiries relating to class action suits. Here’s what I gleaned from her answer:
- Statements issued by corporate media relations departments are usually worthless. They do not help a reporter understand a court
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