To understand what a class action is, it is better to start with the basic individual litigation concept. Normally, parties bring their own disputes to court and litigate the case against the other parties who have been officially designated a parties and served with process and understand that they are parties to the lawsuit.
In Aguirre v. Amscan Holdings, Inc., Case No. 073059, 2015 Cal. App. LEXIS 214 (Cal. Ct. App. Feb. 11, 2015), a California Court of Appeal reversed the denial of certification of a putative class alleging violation of Civil Code Section 1747.08 of California’s Song Beverly Credit Card Act.
After more than four years of litigation, Citibank hauled in a significant victory last week against putative class and collective actions in Ruiz v. Citibank.
Ninth Circuit Opinion Suggests Potential Tool to Oppose Certification of Successive Class or Collective Actions
In Baker v. Microsoft Corp., No. 12-35946, 2015 U.S. App. LEXIS 4317 (9th Cir. Mar. 18, 2015), the U.S. Court of Appeals for the Ninth Circuit considered whether to adopt a rule creating a principle of comity between different federal district courts under which denial of class certification in one district court would create a rebuttable presumption in other district courts that denial of class certification was the correct result.
The aggregate amount of all securities class action settlements during 2014 declined to the lowest level in years and there also was a “dramatic” decrease in the average securities suit settlement amount during the year, according to a March 24, 2014 report from Cornerstone Research.
Supreme Court Grants Certiorari to Address Interplay of Federal Arbitration Act and State-Law Savings Clause in Arbitration Agreement
As readers of this blog know, prior to the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court (and a number of other state courts) had declared that waivers of class-wide arbitration were unenforceable as a matter of state law.
The explosion in the development of smartphone applications has allowed for all sorts of new businesses to pop up—personal shoppers (Instacart), restaurant delivery (GrubHub) and private chauffeurs (Uber and Lyft).
A number of countries have procedural mechanisms allowing groups of aggrieved parties to pursue their legal claims in the form of a collective action.
Has SCOTUS Signaled Putative Class Action Defendants to More Aggressively Challenge the Merits of Plaintiff’s Case at the Class Certification Stage?
The holding in a recent opinion of the Supreme Court of the United States in a securities class action case raises broader questions regarding whether defendants should more aggressively challenge the merits of plaintiff’s case at the certification stage in other types of cases.
Regardless of whether a class is opt-in or opt-out, providing class notice is a challenge. As technology evolves, so does the ability to reach class members who would otherwise be unreachable.