Category Archives: Class Actions

Va. remains one of two states lacking class action process

State class actions in Virginia are not happening yet. This week, Va. Gov. Abigail Spanberger vetoed SB229/HB449, a bill that finally would have established a state-level class action process. Although Va. consumers can participate in federal class actions, the bill would have filled a gap for them to band together to pursue claims that are […]

Federal Roundup judge calls class action settlement filthy and mindboggling

So Amanda Bronstad reports at Law.com in Federal Roundup Judge Refuses to Step Into ‘Mind-Boggling’ $7.25B Class Settlement. Excerpt: [Judge] Chhabria said, “You have a meeting with the judge on the day you filed it, a prearranged meeting with the judge on the day you filed it. You say it was in open court, but it […]

Amicus brief attacks Roundup class action settlement

Last month, we published a guest post by Hofstra consumer law scholar Norm Silber expressing serious concerns about a proposed Roundup class action settlement. Professors Silber and Myriam Gilles of Northwestern have coauthored an amicus brief urging a federal court to grant injunctive or declaratory relief to enable the court to evaluate aspects of the […]

ProPublica: “A Slap in the Face”: Trump’s DOJ Plans to Settle Predatory Lending Case Without Compensating Victims

Here, by  Zach Despart. Excerpt: Three years later, the Trump administration and Colony Ridge are on the verge of resolving the case. But the $68 million proposed settlement provides no money for victims of the alleged scheme. Instead, it sets aside $20 million for policing and immigration enforcement — a provision that may be used […]

Guest Post by Hofstra’s Norm Silber: Surprise One-Sided Mass Tort Claim Settlement of the Roundup litigation

A comprehensive settlement of Roundup herbicide litigation is marching through the Missouri courts and scheduled to be finalized within the next three months.  There will be a flurry of media reports soon, emanating chiefly from the companies and the compensated class counsel who recommend the proposed deal.  This settlement is extremely disturbing to many affected […]

Fourth Circuit Clarifies Rules on Pre-Discovery Class Certification Decisions

In Oliver v. Navy Federal Credit Union, decided today, the Fourth Circuit clarified both the procedure and substantive standards that govern when defendants ask a court to deny class certification before discovery. Oliver was a putative class action challenging Navy Federal’s underwriting process for loan applicants as racially discriminatory. Navy Federal moved to dismiss under Rule […]

Ninth Circuit Requires Proof of Standing for FCRA Unnamed Class Members at Summary Judgment

After James Healy sued Milliman, a company that sells reports containing consumer’s medical histories to third-party insurers, alleging that the reports were inaccurate and violated the Fair Credit Reporting Act, the district court certified a class of consumers who were the subjects of inaccurate reports.  Milliman moved for partial summary judgment on the grounds that […]

Sixth Circuit allows TCPA class action to proceed where consent cannot be proved on a classwide basis

David Eliiot claims Humana called him numerous times despite not being a Humana customer, and after he informed Humana that it had the wrong number. He brought a class action alleging this violated the TCPA. Humana opposed class certification on the grounds that whether individuals had actually consented to repeated calls was not ascertainable on […]

8th Circuit Reverses Certification of Folgers Consumer Class Action

Just after Thanksgiving last week, the Eighth Circuit issued an opinion reversing a district court’s certification of a class in one of several actions brought by a consumer against Folgers and consolidated by the JPML. In the action on appeal, the consumer had alleged that representations on coffee containers featured misrepresentations about the number of […]

9th Circuit kicks “Germ Removal” wipes class action on amount-in-controversy grounds

Several consumers filed California state law class actions against Kimberly-Clark in federal district court, alleging that they were misled into believing that Kleenex Germ Removal wet wipes contained germicides, not just soaps. The district court dismissed the non-California plaintiffs’ claims for lack of personal jurisdiction,  and dismissed the remaining claims with prejudice on the grounds that […]