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
Ninth Circuit
Class Action Settlements Involving Cy Pres Awards: Ninth Circuit Modifies Dennis v. Kellogg Company Opinion
By Wystan Ackerman on
Posted in Class Action Settlements
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.
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
By Wystan Ackerman on
Posted in Class Action Fairness Act
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 The Ninth Circuit recently issued a short, unpublished opinion explaining that there is no…
Is a Parens Patriae Suit A Class Action Under CAFA? Ninth Circuit Says No
By Wystan Ackerman on
Posted in Class Certification Standards
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…
New Ninth Circuit Decision Explains Application of Wal-Mart v. Dukes
By Wystan Ackerman on
Posted in Class Certification Standards
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…
Class Action Settlements: New Ninth Circuit Opinion Vacating Approval of Settlement Teaches Some Lessons
By Wystan Ackerman on
Posted in Class Action Settlements
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…