Posts in Sixth Circuit Class Action Law.
On April 7, the United States Court of Appeals for the Sixth Circuit issued a decision clarifying the rules governing the timing of removal of cases to federal court under the Class Action Fairness Act (CAFA).

A recent federal district court decision out of Michigan weighed in on Rule 68, and issue in which a a prospective class action defendant settles the case with a named plaintiff, potentially mooting the rest of the class action from going forward.

The Sixth Circuit recently published an opinion in Buchanan v. Northland Group, Inc., which is a relatively rare decision related to the Fair Debt Collection Practices Act. The opinion offers a deep, fact-based look at the FDCPA case from the Western District of Michigan.

S.D. Ohio Holds No-Consent TCPA Class Impermissibly “Fail-Safe”

Pleading still matters: Shareholders failed to properly plead scienter

Sixth Circuit Reaffirms Class Certification in Whirlpool Washing Machine Case

Sixth Circuit Holds That Rule 68 Offer to Class Representative Does Not Moot Class Claims

Sixth Circuit affirms denial of class certification in Davis v. Cintas Corp.
OSBA Class Action Roundup: The Latest Developments in State and Federal Court
Sixth Circuit Vacates Class Settlement, Applies New “Preferential Treatment” Test
Whirlpool Files Reply Brief in Support of Certiorari in Class Action Appeal

U.S. Supreme Court Hears Oral Argument in a Case That Could Have a Broad Reaching Effect on Class Action Lawsuits

Class Counsel Files Brief Opposing Certiorari in Whirlpool Class Action

Can an Offer of Judgment Divest a Class Representative of Standing? Supreme Court to Decide

U.S. Supreme Court Considers Petition for Certiorari in the Sixth Circuit’s Class Certification Decision in Whirlpool v. Glazer

Sixth Circuit to consider whether pre-certification offer of complete relief to plaintiff requires dismissal of case

Sixth Circuit vacates class certification based on preclusion, interprets Wal-Mart

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 ...

Sixth Circuit Affirms Decision Striking Class Allegations in Challenge to Health Care Discount Program, Calling Class Treatment Inefficient, Unworkable, and Inconsistent with Rule 23

On October 26, 2011, Defendants-Appellants filed a Rule 23(f) Petition seeking immediate leave to appeal the District Court's October 13, 2011 Order granting in part Plaintiff-Appellee's motion for class certification. 

In Meznarich v. Morgan Waldron Insurance Management, LLC (N.D. Ohio Sept. 30, 2011), 2011 U.S. Dist. LEXIS 113237, **15-16, Judge Pearson recently certified a class of 1100 employees, under Rule 23(b)(1)(A), who alleged breach of fiduciary duty, ERISA violations and fraud against Morgan Waldron Insurance management LLC and others.  ...

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.

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.

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