The Fifth Circuit recently addressed the scope of appellate jurisdiction under the Class Action Fairness Act (CAFA). CAFA allows federal courts of appeals to hear, on a discretionary basis, appeals from “an order of a district court granting or denying a motion to remand a class action.” 28 U.S.C. § 1453(c)(1). The Fifth Circuit has
Fifth Circuit
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…
Title Insurance Class Action: Fifth Circuit Illustrates Analysis of Proposed Common Questions Under Wal-Mart v. Dukes
By Wystan Ackerman on
Posted in Class Certification Standards, Title Insurance
In a title insurance class action, the Fifth Circuit recently illustrated one method of applying the Supreme Court’s decision in Wal-Mart v. Dukes: Analyze separately each question that the named plaintiffs propose as a common question of law or fact. Determine whether it is actually a proper question that a judge would decide as…
Class Certification After Wal-Mart v. Dukes: Fifth Circuit Instructs District Courts How To Apply Wal-Mart
By Wystan Ackerman on
Posted in Class Certification Standards
How is a district court supposed to apply the Supreme Court’s opinion in Wal-Mart v. Dukes? Dive deeply into the specifics of the plaintiff’s causes of action, the defendant’s defenses and the relevant facts. A more general, broad brush analysis will not do. That was the message delivered by the Fifth Circuit fairly strongly…