Should MDL Judges Act More Like Class Action Judges?

Should MDL Judges Act More Like Class Action Judges?
Class actions are not the only form of aggregate litigation. Multi-district litigation (“MDL”), the process by which large numbers of smaller lawsuits are consolidated before a single judge for pretrial purposes, without requiring any kind of certification process, has been around since 1968.  And, as courts have demanded more rigor for Rule 23 certification, MDLs have become more popular, particularly for mass torts.
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Ninth Circuit Court of Appeals Widens Circuit Split As to Class Action Waivers in Employee Arbitration Agreements

By | GT L&E Blog | August 30, 2016
Ninth Circuit Court of Appeals Widens Circuit Split As to Class Action Waivers in Employee Arbitration Agreements

In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually arbitrate their claims by way of “separate proceedings.”

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Eleventh Circuit Affirms Dissolution of Class Action Consent Decree Due to Plaintiffs’ Inaction

Eleventh Circuit Affirms Dissolution of Class Action Consent Decree Due to Plaintiffs’ Inaction

After the City of Jacksonville stopped following a class action consent decree that required it to hire a proportionate number of black and white firefighters, the U.S. Court of Appeal for the Eleventh Circuit affirmed the district court’s denial of the motion and dissolution of the consent decree on the grounds that the plaintiffs waiting fifteen years to bring their show cause motion.

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Middle District of Florida Finds Certification of FLSA Collective Action and Rule 23 Class Action Claims to Be Inconsistent

In a case for overtime compensation, the Middle District of Florida (Fort Myers Division) held that plaintiffs’ claims under the Fair Labor Standards Act (“FLSA”) and Federal Rule of Civil Procedure 23 were “mutually exclusive and irreconcilable.”

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Week in Review: Appellate Court Upholds Damages-Based Challenge to Predominance and More

Week in Review: Appellate Court Upholds Damages-Based Challenge to Predominance and More

This week’s recap examines a recent appellate ruling that provides a nice roadmap for arguing a plaintiff’s theory of damages cannot satisfy Rule 23’s predominance requirement, as well as another district court’s efforts to parse out the contours of standing based on statutory violations post-Spokeo.

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Third Circuit Dismissal Affirmance Based On Economic Loss Doctrine Shows Spokeo Shouldn’t Be Your Only Data Breach Class Action Exit Strategy

By | Technology Law Dispatch | August 29, 2016

While the United States Supreme Court’s ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), has garnered much attention after being cited by numerous courts as a means to dismiss data privacy class actions, defendants should never count out any potential avenues for exiting such a suit; in Pennsylvania (and in many other states following the same legal principle), the economic loss doctrine can also provide summary relief. 

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Access to Justice in “Manageability” of Individual Issues: Appeal Dismissed in Fantl V Transamerica Life Canada

Access to Justice in “Manageability” of Individual Issues: Appeal Dismissed in Fantl V Transamerica Life Canada

In the recent decision of Fantl v Transamerica Life Canada (“Fantl”)[1], the Ontario Court of Appeal unanimously dismissed the appeal of the Divisional Court’s decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to “deliver on their promise of access to justice”[2] when it comes to individual issues.

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Consumer Class Actions in Respect of Pricing Disclosure: the Québec Superior Court Refuses to Certify a “Drip Pricing” Class Action in Quebec

Consumer Class Actions in Respect of Pricing Disclosure:  the Québec Superior Court Refuses to Certify a “Drip Pricing” Class Action in Quebec

There have been a number of recent class actions commenced in Canada relating to pricing disclosure – and in particular, the alleged practice of “drip pricing”, whereby a company advertises a base price through various media but additional fees and surcharges are disclosed later in the sales/reservation process.

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