Tag Archives: Ninth Circuit

Ascertainability Not Required In Ninth Circuit, But Manageability Remains

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 certified. … Continue Reading

Expansion of Class Allows Second Removal Under Class Action Fairness Act, According to Ninth Circuit

It is important to remember that when a putative class action is remanded to state court under the Class Action Fairness Act (“CAFA”), that may not be the end of the jurisdictional battle. Developments in the case, or in the applicable CAFA jurisprudence, may warrant another removal of the case to federal court, if those … Continue Reading

State Enforcement Actions Following Class Settlements Addressed By Ninth Circuit

A recent Ninth Circuit decision caught my eye. It addressed whether a state enforcement action can be barred by a class action settlement on the same issue, finding that it was barred in part, to the extent the suit sought restitution that was the same relief at issue in the class action. In People v. … Continue Reading

Amount in Controversy for Declaratory Judgment Claims and “Late” Removal Based on Standard Fire v. Knowles Addressed By New Class Action Fairness Act (CAFA) Appellate Decisions

Two recent federal court of appeals decisions on the Class Action Fairness Act (CAFA) address the measurement of the amount in controversy on a declaratory judgment claim, and a “late” removal based on the Supreme Court’s decision in Standard Fire Ins. Co. v. Knowles.  Both decisions are favorable to defendants.  The Eleventh Circuit’s opinion on … Continue Reading

Full Offer of Judgment That is Not Accepted Does Not Moot An Individual Claim, According To the Ninth Circuit

A recent Ninth Circuit decision addresses a question left open by the Supreme Court’s decision this year in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013):  Does an offer of full relief to the plaintiff under Fed. R. Civ. P. 68, which is not accepted by the plaintiff, render a case moot?  The … Continue Reading

When Can You Remove A Class Action? New Ninth Circuit Opinion Provides Guidance

A recent decision by the Ninth Circuit regarding the timing of removal to federal court has gotten a fair amount of attention in the legal media.  It potentially opens the door to later removals of cases more than 30 days after service of the complaint, although I don’t expect that defendants’ practices will change significantly.  … Continue Reading

Attorneys’ Fees For Coupon Settlements Under CAFA Addressed By Ninth Circuit

Under the coupon settlement provision of the Class Action Fairness Act (CAFA), do attorneys’ fees always have to be based on the value of the coupons redeemed, or can they be based on a lodestar calculation?  The Ninth Circuit recently addressed this question and held, in a 2-1 decision, that any award of fees “attributable … Continue Reading

Incentive Awards For Class Representatives Addressed By The Ninth Circuit

Last week the Ninth Circuit issued a decision reversing the district court’s approval of a class action settlement, based on a provision in the agreement that, as interpreted by the court, required the class representatives to support the proposed settlement in order to qualify for receiving an incentive award.  The court concluded that this presented … Continue Reading

Class Action Settlements Involving Cy Pres Awards: Ninth Circuit Modifies Dennis v. Kellogg Company Opinion

In my July 19, 2012 blog post, I wrote about the Ninth Circuit’s decision in Dennis v. Kellogg Company, 687 F.3d 1149 (9th Cir. 2012).  Last week, however, the Ninth Circuit withdrew its previous opinion and substituted a new opinion – Dennis v. Kellogg Company, Nos. 11-55674 and 11-55706, 2012 U.S. App. LEXIS 18576 (9th … Continue Reading

Evidence Supporting Removal Under the Class Action Fairness Act (CAFA): Ninth Circuit Confirms That There Is No Requirement to Submit Evidence at the Time of Removal

Some plaintiffs’ lawyers have suggested that when a defendant removes a case under the Class Action Fairness Act, it must submit evidence (such as affidavits) with the notice of removal establishing the amount in controversy and other facts pertinent to removal.  The Ninth Circuit recently issued a short, unpublished opinion explaining that there is no … Continue Reading

Is a Parens Patriae Suit A Class Action Under CAFA? Ninth Circuit Says No

Earlier this year, I posted about a Fourth Circuit decision holding that a lawsuit filed by a state attorney general purportedly as a parens patriae suit was not a “class action” under the Class Action Fairness Act (CAFA), and therefore there was no federal jurisdiction.  The Ninth Circuit has now joined the Fourth Circuit on … Continue Reading

New Ninth Circuit Decision Explains Application of Wal-Mart v. Dukes

A recent Ninth Circuit decision remanded a class certification order for reconsideration in light of Wal-Mart v. Dukes.  The court made several key points about consideration of the merits, evaluation of expert testimony at the class certification stage, and Rule 23(b)(2). In Ellis v. Costco Wholesale Corp., 2011 U.S. App. LEXIS 19060 (9th Cir. Sept. … Continue Reading

Class Action Settlements: New Ninth Circuit Opinion Vacating Approval of Settlement Teaches Some Lessons

The Ninth Circuit recently vacated the approval of a class action settlement where the class received non-monetary relief and $100,000 of cy pres awards, and class counsel was awarded $800,000 in attorneys’ fees.  The Center for Class Action Fairness objected, focusing on the size of the attorneys’ fees award in comparison to the benefit to … Continue Reading