A recent Ninth Circuit decision on a class action settlement, In re Apple Inc. Device Performance Litigation, 2022 WL 4492078 (9th Cir. Sept. 28, 2022), received significant attention in the legal media. It addressed several issues of significance to lawyers negotiating class settlements: (1) class representative incentive awards; (2) a requirement that class members
Ninth Circuit
Ninth Circuit Reverses Class Certification Order Because Liability Issues, Not Merely Damages, Were Individualized
By Wystan Ackerman on
Posted in Class Certification Standards
The Ninth Circuit recently addressed an issue that tends to arise frequently in class certification motion practice: how trial courts should apply the predominance requirement where appellate decisions have said that the need to calculate individualized damages generally is not sufficient on its own to defeat class certification, but some putative class members likely have…
Auto Insurance Total Loss Class Action: Ninth Circuit Affirms Denial of Class Certification
By Wystan Ackerman on
Numerous class action suits have been filed against auto insurers regarding the valuation of vehicles that are total losses. These cases typically allege that insurers are undervaluing vehicles in some common way or in violation of a state regulation. The Ninth Circuit recently affirmed the denial of class certification in a published decision that I…
Are Nationwide Class Settlements Endangered By Ninth Circuit’s Opinion in Hyundai and Kia Case?
By Wystan Ackerman on
Posted in Class Action Settlements
The Ninth Circuit’s decision this week vacating a class action settlement in In re Hyundai and Kia Fuel Economy Litig., No. 15-65014 (9th Cir. Jan. 23, 2018) is getting a lot of attention in the class action bar. It’s 84 pages long, but the bottom line is that the Ninth Circuit held that the…
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…
Expansion of Class Allows Second Removal Under Class Action Fairness Act, According to Ninth Circuit
By Wystan Ackerman on
Posted in Class Action Fairness Act
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…
State Enforcement Actions Following Class Settlements Addressed By Ninth Circuit
By Wystan Ackerman on
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. …
The Local Action Doctrine: Potentially Relevant to Property Insurance Cases?
By Wystan Ackerman on
Posted in Property Insurance
Have you ever heard of the local action doctrine? The distinction between local and transitory actions? If you’re a lawyer, you might have heard something about this in law school. But perhaps not since then. The Supreme Court has not addressed it since 1912. But the Ninth Circuit held last week that the local action …
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
By Wystan Ackerman on
Posted in Class Action Fairness Act
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 …
Full Offer of Judgment That is Not Accepted Does Not Moot An Individual Claim, According To the Ninth Circuit
By Wystan Ackerman on
Posted in Defense Strategy
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? …