Supreme Court Denies Review of Remand Order Surrounding Flint Water Treatment Plant Class

The CAFA Law Blog previously analyzed the Sixth Circuit opinion in Mason, et al., v. Lockwood, Andrews & Newman (Nov. 16, 2016) surrounding the Flint, Michigan water treatment plant. See the CAFA Law Blog analysis here.  In that opinion, the Sixth Circuit affirmed the district court’s order remanding the case based on CAFA’s local controversy exception.  View Full Post
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Eleventh Circuit Rules That Stipulated Dismissal of Named Plaintiffs and Defendant Triggers Putative Class Members’ Deadline to Appeal

By Gerald L. Maatman, Jr. and John S. Marrese Seyfarth Synopsis:  In Love v. Wal-Mart Stores, Inc., No. 15-15260 (11th Cir. Aug. 3, 2017), the U.S. Court of Appeals for the Eleventh Circuit ruled that the deadline for putative class members to appeal the dismissal of class claims was triggered by the filing of a stipulation of dismissal by named plaintiffs and defendant.  View Full Post
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Farmer’s Odyssey: Prolonged Class Action Proceedings Against Saskatchewan Ministry of Agriculture Ends in Summary Dismissal

By Theodore Stathakos Theodore Stathakos In Holland v Saskatchewan (Ministry of Agriculture), 2017 SKQB 172, the Saskatchewan Court of Queen’s Bench dismissed a class action brought by a group of deer and elk farmers against the Saskatchewan Ministry of Agriculture. The class action alleged damages caused by the Ministry’s negligent implementation of a Chronic Wasting Disease monitoring program. View Full Post
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Spokeo: On Remand from the U.S. Supreme Court, the Ninth Circuit Finds Plaintiff Has Standing, Again

By Gerald L. Maatman, Jr., Pamela Q. Devata, & Robert T. Szyba Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo, Inc. under the Fair Credit Reporting Act alleged sufficient injury to establish standing to proceed in federal court and to proceed with his class action. View Full Post
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Spokeo On Remand: the Ninth Circuit Finds Plaintiff’s FCRA Injury is Concrete

By | World Class Defense | August 16, 2017
Fifteen months after the U.S. Supreme Court’s landmark decision in Spokeo, Inc. v. Robins (Spokeo II), 136 S. Ct. 1540 (2016), the Ninth Circuit issued its opinion on remand.  The only question before the Ninth Circuit was whether the plaintiff’s allegations regarding his injuries – resulting from Spokeo’s alleged violation of the Fair Credit Reporting Act (the “FCRA”) – were sufficiently concrete to confer Article III standing.  View Full Post
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On Remand from Supreme Court in Spokeo, Ninth Circuit Holds FCRA Violation Satisfies Article III Standing

Spokeo The Ninth Circuit finally weighed in again on Article III standing issues after the remand of the Spokeo case from the United States Supreme Court.  The Supreme Court in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), addressed whether a willful violation of the Fair Credit Reporting Act (“FCRA”), absent proof of actual damages, constituted sufficient harm to confer Article III standing to a FCRA plaintiff.  View Full Post
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Defendants Were Not Significant Defendants Under CAFA’s Local Controversy Exception to Warrant Remand

Grosshart v State Farm Mutual Automobile Insurance Co., 2016 WL 5661526 (W.D. Mo. Sept. 29, 2016). In an action brought against an insurance company and its claims representatives, the United States District Court, Western District of Missouri (the “District Court”) found the claims representatives were not significant defendants under the Class Action Fairness Act’s (“CAFA”) local controversy exception because each claim representative would have had contact with only a few of the class members. View Full Post
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Convergys Corporation and LogistiCare Solutions, Incorporated V. NLRB – the Fifth Circuit Considers Class and Collective Action Waivers Without Arbitration Agreements

By | Employment Class Action Blog | August 15, 2017
The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and employees. Convergys Corporation The first decision, in Convergys Corporation v. View Full Post
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Carter V. the Dial Corporation: The First Circuit Washes Its Hands of Clarifying Ascertainability in Class Actions

We previously wrote about the split among the circuit courts of appeal over the ascertainability requirement for class certification and whether self-identifying consumer affidavits—e.g., an affidavit in which a consumer attests that he or she is a class member and suffered injury—can satisfy that requirement. View Full Post
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