When class certification is denied because the named plaintiff’s claim fails for some reason, sometimes an absent class member will try to intervene rather than filing their own separate suit. Their goal is usually to attempt to certify a class for a longer time period than would otherwise be possible. If the new plaintiff files
Sixth Circuit
Juridical Link Doctrine Rejected By Sixth Circuit
By Wystan Ackerman on
Posted in Class Certification Standards
Federal courts of appeals have disagreed on whether a named plaintiff in a proposed class action can sue defendants who have not injured that plaintiff but allegedly have injured putative class members. This is not an uncommon scenario. Plaintiffs often attempt to bring putative class actions that are broader than their own claims, suing defendants…
Property Valuation Issues Are Ill-Suited for Class Certification According to the Sixth Circuit
By Wystan Ackerman on
Posted in Class Certification Standards
A recent Sixth Circuit case addressed an issue that tends to arise frequently in various types of class actions, such as property insurance and environmental cases: whether property valuation issues are appropriate for class treatment. The answer here was “no,” and the opinion could be useful to defendants in other contexts.
Class Action Fairness Act Does Not Override the Federal Arbitration Act, According to the Sixth Circuit
By Wystan Ackerman on
Posted in Class Action Fairness Act
A recent Sixth Circuit decision caught my eye because it addressed an important issue on which I have not seen any other appellate decisions (and none were cited in the opinion). The plaintiff argued that the Class Action Fairness Act (CAFA) should be interpreted as overriding the Federal Arbitration Act (FAA), effectively precluding the enforcement…
Sixth Circuit Reminds District Courts and Defendants That Notice Must Be Given Before Binding Class Members
By Wystan Ackerman on
Posted in Defense Strategy
A recent decision by the U.S. Court of Appeals for the Sixth Circuit provides an important reminder that if defendants want absent class members to be bound by a summary judgment ruling in their favor, generally they must insist that notice be given to the class before that ruling is made.
In Faber v. Ciox…
Motion to Deny Class Certification in Insurance Case Granted, in Part, By Michigan Federal Court
By Wystan Ackerman on
Posted in Defense Strategy
Insurers and other corporations defending against putative class actions often struggle with how to try to achieve an early resolution of a putative class action, and thereby reduce legal expense, when the case is not appropriate for resolution on a motion to dismiss, or a motion to dismiss is denied. One approach is to move …
Innovative Class Action Settlement Overturned By Sixth Circuit
By Wystan Ackerman on
Posted in Class Action Settlements
Some loyal readers of my blog may recall my June 8, 2011 blog post about the district court’s approval of the class action settlement in In re Dry Max Pampers Litigation. This case alleged that Pampers “Dry Max” diapers purportedly caused excessive diaper rash. Both the U.S. Consumer Products Safety Commission and Health Canada…
You Can’t Give the Named Plaintiffs Too Sweet a Deal in a Class Settlement, The Sixth Circuit Reminds Us
By Wystan Ackerman on
Posted in Class Action Settlements
Objectors to class action settlements often argue that the proposed settlement is really benefiting the plaintiffs’ lawyers and not the class. It’s less common to see an argument that a settlement is benefiting the named plaintiffs at the expense of the class they are representing. The Sixth Circuit recently found such a problem, and reversed…
Fail-Safe Classes, Commonality and Predominance Addressed In Sixth Circuit Affirmance of Certification of Insurance Class Action
By Wystan Ackerman on
Posted in Class Certification Standards
Plaintiffs’ lawyers seeking to certify classes against insurance companies are likely to frequently cite the Sixth Circuit’s recent decision in Young v. Nationwide Mutual Insurance Company, Nos. 11-5015 et al., 2012 U.S. App. LEXIS 18625 (6th Cir. Sept. 5, 2012). Although the opinion does not make it clear, this decision appears to conflict with…
Declaratory Relief Class Actions Under Rule 23(b)(2): Sixth Circuit Issues Significant Opinion in Health Insurance Class Action
By Wystan Ackerman on
Posted in Class Certification Standards, Health Insurance
The Sixth Circuit recently ruled in a health insurance case that a claim for a declaratory judgment regarding insurance contract interpretation could be certified under Rule 23(b)(2) under Wal-Mart v. Dukes, even if the declaratory relief would be a predicate to monetary relief, under which certification was sought under Rule 23(b)(3) but not yet…