Is the saying “fish or cut bait” dead?
Cases in which an appellate court holds that a state’s standard for punitive liability was not satisfied even though there was sufficient evidence to support liability for the underlying causes of action are regrettably rare.
Last week, the Ninth Circuit found a way around the U.S. Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011).
Volkswagen Litigation Highlights Significant Procedural Issues for Defendants Faced with Multiple Overlapping Class Actions
In the wake of media coverage surrounding the emissions results for certain of Volkswagen’s diesel engines, which reports have spawned numerous court and regulatory proceedings in multiple jurisdictions, more than 10 different class actions have recently been commenced in Canada (including 4 in Ontario).
In this action, the Ninth Circuit refused the plaintiff’s request that the class definition was sufficient to establish a local controversy exception, and that a requirement of evidence showing that the two-thirds of the class members were in fact California citizens, thereby vacating the district court’s order remanding the case.
As anticipated in our previous discussion of the Ashley Madison data breach litigation, lawyers representing the various putative classes have begun sparring over their preferred venues.
The Ninth Circuit Declares That Individualized Damages Issues Alone Never, Ever Preclude Certification of a Rule 23(b)(3) Class
In Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752, 2015 U.S. App. LEXIS 16723 (9th Cir. Sept. 21, 2015), a Ninth Circuit panel held that individualized damages (or restitution) calculations cannot alone defeat Rule 23(b)(3)’s predominance element.
In January 2015, the Second Circuit held in Stratte-McClure v. Morgan Stanley, 776 F.3d 94 (2nd Cir. 2015), that Item 303 of Regulation S-K imposes a duty to disclose for purposes of Section 10(b), meaning that the omission of information required by Item 303 can provide the basis for a Section 10(b) claim. This ruling is at odds with the Ninth Circuit’s opinion in In re NVIDIA Corp. Securities Litigation, 768 F.3d 1046 (9th Cir. 2014), in which the court held that Item 303 does not establish such a duty. The U.S. Supreme Court declined a cert petition in NVIDIA.
As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends.