Tag Archives: Superiority

Superiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class Certification

A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an opportunity to change its practices in response to the change (or clarification) in the law. This decision … Continue Reading

Further Thoughts on Voluntary Relief Programs Defeating Superiority in Class Actions

In response to my recent post about the Seventh Circuit’s decision in the Aqua Dots litigation, law professor Eric Voigt of Faulkner University alerted me to a draft article he’s written entitled “A Company’s Voluntary Refund Program for Consumers Can Be a Fair and Efficient Alternative to a Class Action to Warrant the Denial of … Continue Reading

Class Actions Seeking Automatic Statutory Penalties: Recent New Jersey Appellate Decision Finds Superiority Not Satisfied

A common tactic by plaintiffs’ lawyers in filing class actions against insurance companies is to attempt to recover automatic statutory penalties which are small on each individual claim but, when aggregated, potentially impose a very large liability on the insurer.  An example of this type of suit is Shady Grove Orthopedic Associates, P.A. v. Allstate … Continue Reading

Superiority Requirement for Class Certification: New Sixth Circuit Decision Makes Interesting Points

The recent Sixth Circuit decision in Pipefitters Local 636 Insurance Fund v. Blue Cross Blue Shield of Michigan, 2011 U.S. App. LEXIS 16624 (6th Cir. Aug. 12, 2011) makes some interesting points about superiority that I think are particularly significant, and have not seen in other class action decisions.  The case involved whether certain fees … Continue Reading