Drew Campbell is the Chair of the Firm’s Class Action Practice Group and its Insurance Litigation Group, and is the former Chair of the firm’s Litigation Practice Group. His practice includes complex commercial litigation ...
The outbreak of COVID-19 tuition refund class actions is as virulent as the pandemic that inspired them. In just one week, the number of tuition refund class actions against colleges and universities nearly doubled from 60 to 105, most bearing an uncanny similarity to those that preceded them. Their main complaint is that the innovative transition ...
Nowhere is the COVID-19 virus mutating more quickly than in the cozy confines of class action litigation. From business interruption, to gym memberships, to disappointed Airbnb hosts, more and more Americans are turning to Rule 23 to recover losses that are as unprecedented as they were unpredictable.
The halls of higher education have not been ...
On Friday, January 13, 2017, the U.S. Supreme Court granted certiorari in Henson v. Santander Consumer USA, Inc. This case raises the question whether a debt buyer is a “creditor” or a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). The answer to this question, it turns out, is far from clear since debt buyers fit ...
What do you do when a court certifies a class over your objection and denies your motion for directed verdict on the critical class certification issue at trial, and a jury awards $32 million ($54 million if you count pre-judgment interest) on an individual claim worth $133.80?
On January 15, 2016, the U.S. Supreme Court granted certiorari to review the decision of the Ninth Circuit in Baker v. Microsoft Corporation.
Class-wide relief for security breaches just got a little easier in the Seventh Circuit.
The Third Circuit has published extensively in recent years on the issue of ascertainability. In its fifth ruling in three years on this subject, the court reversed certification of a class of consumers who had leased or purchased laptop computers that contained unauthorized spyware.
The U.S. Supreme Court accepted jurisdiction over Spokeo, Inc. v. Robins to answer this question: May Congress confer Article III standing upon a plaintiff who suffers no concrete harm and who could, therefore, not otherwise invoke the jurisdiction of a federal court by authorizing a private right of action based on a bare violation of a federal ...
Ohio Supreme Court Reverses Class Certification
Court says no way to cy pres: "Gift" stricken from class action settlement
Decision deferred in Hulu privacy class action — awaits Supreme Court ruling in First American Financial Corp. v. Edwards
Kentucky District Court's denial of class certification in mortgage lending case provides numerous lessons for class action defendants
Fail-safe definition dooms state wage and hour class
Much has been already said about the Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). In this article, we provide a discussion of the recent case of Ham v. Swift Transp. Co., Inc., 275 F.R.D. 475 (W.D. Tenn. 2011), which illustrates that the precepts of Wal-Mart do not impede certification of classes under ...
A discussion of the legacy of Wal-Mart v. Dukes as the lower courts apply the decision and determine how, if at all, prior precedent can be harmonized.
The Sixth Circuit has joined other federal circuits in requiring putative class plaintiffs to plead the elements of causation and damages or face dismissal of their class allegations.
An analysis of the first case from the Sixth Circuit to expressly address the fail-safe class, which is defined as a class that requires a decision on the merits of a claim in order to determine who is within the class.
Discussion of a New York District Court decision that provides analysis of a consumer class action claim and the question of commonality.
The 6th Circuit Court of Appeals reversed an order certifying a class of hundreds of multi-employer trust funds asserting fiduciary claims arising under the Employee Retirement Income Security Act.