Class Action Countermeasures Blog

Articles: 1-10 of 153

Second Circuit Strikes Down Attempted Bankruptcy Contempt Proceedings In Class Context

USA - August 16 2023 In a recent decision, Bruce v. Citigroup, Inc., et al., the United States Court of Appeals for the Second Circuit clarified the limits of bankruptcy…

Ninth Circuit Reverses Award of Attorneys’ Fees More than 30 Times Greater than Amount Received by Class Members

USA - June 13 2023 In Lowery, a class of copyright owners sued Rhapsody International for alleged copyright infringement for musical compositions that Rhapsody played on its streaming service. Eventually the parties entered

Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis

USA - May 30 2023 The issue of whether the “standing approach” or “class certification approach” is applicable continues to remain an open issue in the Fifth Circuit…

Date of Delivery, Not Date of Sale: California Imposes New Requirement for Consumer Products Warranties

USA - April 14 2023 Starting July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act will prohibit warranties for consumer products sold in…

Ninth Circuit vacates District court’s order of class certification

USA - March 23 2023 On March 13, 2023, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s order of class certification in Van v. LLR, Inc…

Fifth Circuit Reverses ADA Class Certification Because the Class is Not Ascertainable

USA - February 2 2023 On January 20, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s decision to certify a class under Title II of the…

Fifth Circuit Affirms Striking of Class Allegations

USA - January 31 2023 On January 5, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision to strike class allegations after only…

Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA

USA - January 25 2023 The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class…

First Circuit Deepens Circuit Split On Fairness Of Class Settlements

USA - December 28 2022 On December 16, 2022, the U.S. Court of Appeals for the First Circuit made two important findings in a class-action settlement case. First, the Court…

Ninth Circuit Renders Section 1712 of CAFA Inapplicable to a Class Action Settlement

USA - December 6 2022 On November 30, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s finding that a settlement was not a coupon…