This week the Supreme Court issued a new opinion in a case that involved the scope of personal jurisdiction in a nationwide mass action brought in a state court. Although it is not entirely clear the extent to which this decision may apply in a class action or in a case brought in federal court,
Defense Strategy
Supreme Court to Hear Class Action Cases Involving Class Action Waivers and Tolling of Statutes of Limitations
By Wystan Ackerman on
Posted in Arbitration/Appraisal, Defense Strategy
The U.S. Supreme Court recently granted certiorari in class action cases involving: (1) class action waivers in employment contracts; and (2) whether filing of a securities class action tolled a statute of repose. In both cases the questions presented are relatively narrow, but opinions issued by the Supreme Court potentially could have broader implications for…
Ascertainability Not Required In Ninth Circuit, But Manageability Remains
By Wystan Ackerman on
One of the first significant class action appellate decisions of 2017 was issued this week. In Briseno v. ConAgra Foods, Inc., No. 15-55727 (9th Cir. Jan. 3, 2017), the Ninth Circuit held that Rule 23 does not require that it be “administratively feasible” to identify class members in order for a class to be…
Defending Class Actions in 2016
By Wystan Ackerman on
Posted in Defense Strategy
I thought readers might find helpful some broader observations on strategies for defending class actions in 2016:
- Dig in Deep Early: Some defense counsel are accustomed to the practice of filing a motion to dismiss in virtually every putative class action. Some in-house counsel, eager to save costs, have pushed defense firms to agree
…
Spokeo v. Robins Supreme Court Opinion: What Is Concrete Harm?
By Wystan Ackerman on
Posted in Class Certification Standards, Defense Strategy
Today the Supreme Court issued its long-awaited decision in Spokeo, Inc. v. Robins, addressing whether the plaintiff had standing to sue in a putative class action brought under the Fair Credit Reporting Act (“FCRA”). Like some other opinions we have seen from the eight-member Court following Justice Scalia’s death, this decision is relatively narrow…
How Will Justice Scalia’s Death Impact Pending Class Action Cases?
By Wystan Ackerman on
Posted in Class Certification Standards, Defense Strategy
As our nation and especially the legal community mourn the death of one of the most charismatic and influential Supreme Court justices in our history, one question that might be asked is how Justice Scalia’s death might impact pending class action cases. There are two pending class action cases of broad significance: Spokeo, Inc. v.
Delay In Seeking Class Certification May Be Grounds For Denial Of Certification
By Wystan Ackerman on
Posted in Defense Strategy
A recent decision by a Florida appellate court highlights an important point that defendants can effectively raise in other jurisdictions as well – a named plaintiff’s failure to timely seek certification can, by itself, be grounds for denial of certification.
In Osborne v. Emmer, No. 4D15-1761, 2016 Fla. App. LEXIS 1445 (Fla. 4th DCA…
Supreme Court Opinion In Campbell-Ewald Co. v. Gomez: Kicking The Can Down The Road
By Wystan Ackerman on
Posted in Defense Strategy
Today the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class action moot. The answer is “no,” according to a 5-3 opinion by Justice Ginsburg (with a separate concurrence by Justice…
Thoughts on Supreme Court Oral Argument in Spokeo, Inc. v. Robins
By Wystan Ackerman on
Posted in Defense Strategy
Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private…
Campbell-Ewald Co. v. Gomez: Thoughts on Supreme Court Oral Argument
By Wystan Ackerman on
Posted in Defense Strategy
Campbell-Ewald Co. v. Gomez was argued yesterday in the U.S. Supreme Court. It is one of several major class action cases that will be decided by the Court this Term. It presents the question of whether a putative class action case becomes moot when the defendant offers complete relief to the named plaintiff (for more…