State Court Class Actions Have Surprising Resurgence
A recent ABA panel of class action experts discussed the surprising resurgence of state court class actions despite the federal 2005 Class Action Fairness Act’s (‘CAFA’s”) efforts to rein in state court class action over the last 20 years.
Defendants Turn to Pragmatic Settlements as Class Action Defense Spending Tops $4 Billion
A new survey released recently reveals that defense spending on class actions in the United States has increased for the tenth straight year and has reached a record-breaking all-time high of over $4.21 billion in 2024.
Three Key Class Action Takeaways from the 11th Circuit Drazen/GoDaddy Opinion
Three times seems to be the charm for the 11th Circuit, which recently revisited for the third time the proposed $35 million nationwide TCPA settlement at issue in Drazen v. GoDaddy.
11th Circuit Clarifies Article III Standing in FCRA Class Action
The 11th Circuit reversed the district court (and magistrate judge’s recommendation) and held – at least for alleged violations of the Fair Credit Reporting Act – that the mere alleged statutory violation itself is a “concrete injury” akin to the traditional harm of publishing defamatory information.
Courts Re-Examine Long-Standing Approach of Basing Fees on Benefits Available to Class
In Lowery v. Rhapsody International, Inc., the Ninth Circuit reversed a $1.7 million fee award in a claims-made class settlement because only $53,000 in class benefits were distributed, despite $20 million in benefits being available.
Supreme Court May Take up Class Representative Awards as Inter-Circuit Conflicts Emerge
We will be closely monitoring this fast-changing legal landscape and updating our readers on future developments.
3rd Circuit Knocks J&J’s ‘Texas Two-Step’ Bankruptcy 2 Steps Back
This procedural maneuver, unique to Texas, permits corporations to split into two new companies, one that holds only mass-tort related liabilities (in J&J’s case all talc-related liabilities) and another that holds non-talc assets and liabilities.”
Global Class and Collective Actions on Rise in 2022
American-based law firms and corporations are heavily involved in this “new normal.”
11th Circuit Eliminates Class Action Plaintiff Incentive Awards (Again)
It remains to be seen if this is the last word.
In a surprising break with other circuits, and contrary to decades of accepted precedent within the 11th Circuit and elsewhere, the 11th Circuit has definitively ruled that incentive awards for class action plaintiffs are no longer permissible.
Shareholder Class Action Settlements on Track to Match 2021’s $3.53 Billion
By June 30, the recovery of $2.32 billion almost exactly matched total settlements from the first six months of 2021.