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
Defense Strategy
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…
Offers of Judgment in Class Actions: First Circuit Suggests Sending a Bank Check
By Wystan Ackerman on
Posted in Defense Strategy
There has been a lot of activity in the federal courts of appeals recently regarding the use of offers of judgment to named plaintiffs in class actions. The Fifth and Seventh Circuits recently held that an unaccepted Rule 68 offer to the named plaintiff for full relief will not render a putative class action moot…
Offers of Judgment in Class Actions: Fifth and Seventh Circuits Weigh In
By Wystan Ackerman on
Posted in Defense Strategy
As highlighted in my June 16 blog post, the Supreme Court has granted certiorari, in Campbell-Ewald Co. v. Gomez, No. 14-857 (SCOTUSblog page), to decide whether an offer of complete relief to a named plaintiff renders a putative class action moot. Notwithstanding that the Supreme Court is about to decide this…
Can an Insurer Intervene in a Class Action to Protect Against a Collusive Settlement?
By Wystan Ackerman on
Posted in Defense Strategy
Liability insurers are sometimes faced with a difficult scenario: Their insured has been sued in a class action with potentially large stakes. The insurer believes they have no duty to defend and a denial of coverage is appropriate. But the result of declining to defend the insured is likely to be a “collusive” class action…
Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member Standing Issues Next Term
By Wystan Ackerman on
Posted in Class Certification Standards, Defense Strategy
I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us Wal-Mart v. Dukes, Smith v. Bayer Corp. and AT&T v. Concepcion.…