"I love Class Action Countermeasures | McGuireWoods | Class Action Law"

2022-07-14 14:11:35

Skip to content MenuCurrent Page:HomeAboutSubscribeContactRSSfacebookTwitterLinked InInstagramClass Action CountermeasuresSixth Circuit Addresses Pre-Certification and Post-Certification Engagement of Potential Class Members in Class ActionsBy Diane Flannery, Trent Taylor, Drew Gann & Joseph L. Wilson II on June 28, 2022Posted in Certification, Class ActionAppellee Thomas Fox and others failed to pay their delinquent property taxes in certain Michigan counties and had their property foreclosed on and sold. However, the counties kept all of the sale proceeds and not just the money that was owed. In some cases, the counties kept tens of thousands of dollars beyond what was owed. Therefore, Fox brought a class action seeking recovery of the surplus funds.…Continue Reading Sixth Circuit Addresses Pre-Certification and Post-Certification Engagement of Potential Class Members in Class ActionsEmail this postTweet this postLike this postShare this post on LinkedInSeventh Circuit Vacates 25% Attorneys’ Fee AwardBy Bryan A. Fratkin, Trent Taylor, Drew Gann & Brogan Chubb on June 8, 2022Posted in Class ActionThe 7th Circuit recently vacated a 25% attorneys’ fee award in In re Stericycle Securities Litigation, No. 20-2055, 2022 WL 1564997, at *1–14 (7th Cir. May 18, 2022).  The Court’s reasoning focused on the previous litigation against the defendant.Years before this litigation, a former Stericycle employee brought a qui tam action under the False Claims Act with similar claims.  Various settlements with governments and private customers followed.…Continue Reading Seventh Circuit Vacates 25% Attorneys’ Fee AwardEmail this postTweet this postLike this postShare this post on LinkedInSeventh Circuit Strikes Down Stealth Class ActionsBy Diane Flannery, Trent Taylor, Drew Gann & Cory Church on June 3, 2022Posted in Class ActionIn Ali v. City of Chicago, —F.4th—, 2022 WL 1548176 (May 17, 2022), the Seventh Circuit Court of Appeals recently struck down one litigant’s attempt to employ a “stealth” class action.…Continue Reading Seventh Circuit Strikes Down Stealth Class ActionsEmail this postTweet this postLike this postShare this post on LinkedInSeventh Circuit Construes CAFA Exception for the First TimeBy Diane Flannery, Trent Taylor, Drew Gann & Brogan Chubb on April 7, 2022Posted in Class Action, Removal, StrategyThe 7th Circuit in Schutte v. Ciox Health, LLC., construed the Local Controversy Exception to the Class Action Fairness Act.[1]  CAFA’s Local Controversy Exception applies, in pertinent part, if “during the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants, on behalf of the same or other persons.”[2]  The Court interpreted this requirement broadly, finding that even when cases with different legal theories had been filed in different states, courts may refuse to remand if there are “the same or similar factual allegations” in those cases.  There are three other situations that trigger the Local Controversy Exception[3] but the court did not address them.…Continue Reading Seventh Circuit Construes CAFA Exception for the First TimeEmail this postTweet this postLike this postShare this post on LinkedInNinth Circuit Case Reflects Split Judicial Landscape Regarding Intervenors’ Appellate Rights in Class SettlementsBy Michael A. Brody, Drew Gann & Trent Taylor on April 6, 2022Posted in Class ActionA recent Ninth Circuit decision—In re Cathode Ray Tube Antitrust Litig., 20-15697, 2021 WL 4306895 (9th Cir. Sept. 22, 2021)—that prevented a group of plaintiffs from challenging the approval of a settlement award in a price-fixing case might be on its way to the Supreme Court.   Although non-precedential, the case reflects continuing uncertainty as to the status of intervention rights in class settlements.…Continue Reading Ninth Circuit Case Reflects Split Judicial Landscape Regarding Intervenors’ Appellate Rights in Class SettlementsEmail this postTweet this postLike this postShare this post on LinkedInFourth Circuit Outlines Burden of Proof for Objector to Class Action SettlementBy Diane Flannery, Drew Gann & Sylvia Macon Kastens on March 24, 2022Posted in Class ActionIn 1988 Trust for Allen Children Dated 8/8/88 v. Banner Life Insurance Co., 2022 WL 774731 (4th Cir. Mar. 15, 2022), the Fourth Circuit identified the correct burden of proof required for a party to object to a proposed class action settlement under Federal Rule of Civil Procedure 23(e)(5).…Continue Reading Fourth Circuit Outlines Burden of Proof for Objector to Class Action SettlementEmail this postTweet this postLike this postShare this post on LinkedInSeventh Circuit Stresses the Distinction Between Article III Standing and Antitrust StandingBy George Rudebusch & Nicholas J. Giles on March 23, 2022Posted in Class Action, In The News, StandingLast week, the Court of Appeals for the Seventh Circuit issued an opinion clarifying the distinction between two distinct, but often closely related concepts: Article III standing and the more prudential doctrine known as “antitrust standing.”…Continue Reading Seventh Circuit Stresses the Distinction Between Article III Standing and Antitrust StandingEmail this postTweet this postLike this postShare this post on LinkedInEleventh Circuit Denies Petition to Appeal a Sua Sponte Remand of a “Class Action”By Diane Flannery, Trent Taylor, Drew Gann & Joseph L. Wilson II on March 22, 2022Posted in Class ActionIn Ruhlen v. Holiday Haven Homeowners, Inc., 11th Cir. No. 21-90022, 2022 WL 701622 (11th Cir. Mar. 9, 2022), the Eleventh Circuit denied a petition for permission to appeal a district court’s sua sponte remand of a case to state court.Initially, this case was filed in Florida state court by a group of current and former mobile homeowners and their homeowners’ association. The basis for plaintiffs’ claims were violations of the Florida Antitrust Act and the Americans with Disabilities Act (“ADA”). Plaintiffs characterized their suit as a representative action under Florida Rule of Civil Procedure 1.222, which allows a mobile homeowner’s association to bring a class action suit in a representative capacity.…Continue Reading Eleventh Circuit Denies Petition to Appeal a Sua Sponte Remand of a “Class Action”Email this postTweet this postLike this postShare this post on LinkedInFourth Circuit Upholds Class Settlement Despite Absent Class Member’s Objections to Notice, Fees, and Scope of ReleaseBy Diane Flannery, Trent Taylor, Drew Gann & Brogan Chubb on March 2, 2022Posted in Class Action, SettlementOn a question of first impression in the Fourth Circuit, McAdams v. Robinson, 2022 WL 401806 (4th Cir. Feb. 10, 2022) concluded that absent class members[1] objecting to a magistrate judge’s jurisdiction over settlement are not “parties” under 28 U.S.C. § 636(c).  So a magistrate judge does not need the consent of an absent class member to rule on settlement.…Continue Reading Fourth Circuit Upholds Class Settlement Despite Absent Class Member’s Objections to Notice, Fees, and Scope of ReleaseEmail this postTweet this postLike this postShare this post on LinkedInFirst Circuit Upholds Sanctions Related to Attorney’s FeesBy Cory Church, Drew Gann, Trent Taylor, Diane Flannery & Bryan A. Fratkin on February 16, 2022Posted in Class ActionIn Arkansas Teacher Retirement System v. State Street Corporation, — F.4th —-, 2022 WL 391450 (1st Cir. Feb. 9, 2022), the First Circuit Court of Appeals upheld a district court’s sanction of law firm Lieff Cabraser Heimann & Bernstein LLP (“Lieff Cabraser”) related to class action attorney’s fees.Lieff Cabraser, along with several other firms, represented a class of investors in a challenge to charges imposed on foreign exchange products.  After years of litigation and mediation, the parties reached a settlement of $300 million.  Relying on representations made by class counsel, the district court awarded class counsel almost $75 million—roughly 25% of the total settlement.…Continue Reading First Circuit Upholds Sanctions Related to Attorney’s FeesEmail this postTweet this postLike this postShare this post on LinkedInPost navigationOlder PostsSubscribe By EmailTopicsArchives ArchivesSelect Month June 2022 April 2022 March 2022 February 2022 December 2021 September 2021 August 2021 July 2021 June 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 June 2020 May 2020 April 2020 March 2020 February 2020 October 2019 August 2019 July 2019 June 2019 May 2019 April 2019 February 2019 January 2019 December 2018 September 2018 July 2018 June 2018 May 2018 March 2018 January 2018 December 2017 November 2017 October 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 June 2016 May 2016 April 2016 February 2016 January 2016 December 2015 October 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 Class Action CountermeasuresDisclaimerPrivacy PolicyRSSfacebookTwitterLinked InInstagramAbout McGuireWoodsAt McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. With 1,100 lawyers and 21 strategically located offices worldwide, McGuireWoods uses client-focused teams to serve public, private, government and nonprofit clients from many industries, including automotive, energy resources, healthcare, technology and transportation.Read More...McGuireWoods BlogsConsumer FinSightsLIBOR Transition BlogPassword ProtectedPonzi PerspectivesPro PolicyholderSubject to InquiryTake Stock: Federal Policy WatchThe FCA InsiderThe Healthcare InvestorCopyright © 2022, McGuireWoods LLP. All Rights Reserved.Law blog design & platform by LexBlog LexBlog Logo .screen-reader-text { clip: rect(1px, 1px, 1px, 1px); position: absolute !important; height: 1px; width: 1px; overflow: hidden;}.post-social.font-awesome a {display: inline-block;font-size: 24px;margin-right: 0;padding: 0 4px 0 1px;opacity: 1;line-height: 1em;text-indent: 0;width: auto;overflow: visible;}.post-social.font-awesome a:hover { opacity: .75; }.post-social.font-awesome a.addthis_button_linkedin { color: #4875b4; }.post-social.font-awesome a.addthis_button_email { color: #7a7a7a; }.post-social.font-awesome a.addthis_button_facebook,.post-social.font-awesome .lxb_nascar-share_count { color: #3b5998; }.post-social.font-awesome a.addthis_button_twitter { color: #2ba9e1; }.post-social.font-awesome a.share_google { color: #c63d2d; }.post-social.font-awesome a:before {display: inline-block;font-family: FontAwesome;font-style: normal;font-weight: normal;text-decoration: inherit;}.post-social.font-awesome .lxb_nascar-share_count {font-family: Arial, sans-serif;}.vcard_wrap {left: 1.8%;overflow: hidden;position: relative;z-index: 2;}.vcard_wrap.secondary {left: 0;margin-bottom: 2px;}.vcard {display: block; margin: 0 0 20px 0;}.vcard_wrap .vcard {display: inline-block;margin-right: 2.5%;vertical-align: top;}.vcard .org {font-weight: 700;}.vcard_wrap.secondary .vcard {margin-bottom: 2px;margin-right: 0px;}.vcard_wrap.secondary .odd:after {color: #ccc;content: " | ";}.vcard img {border: none;float: left; padding: 0 5px 5px 0; }#ie7 .primary.vcard_wrap .vcard {display: block;float: left;height: 12em;}.vcard_wrap.default .org {font-weight: 400;}.vcard_wrap .lxb_ci-hours {max-width: 350px;}.lxb_af-grid-align-center .lxb_ci-hours {margin: 0 auto;}.lxb_af-grid-align-center .lxb_ci-hours td,.lxb_af-grid-align-center .lxb_ci-hours th {text-align: center;}.lxb_ci-hours th {padding: 0;}.lxb_ci-hours tbody tr:first-child td {padding-top: 0;}.vcard_wrap.default .lxb_ci-output_block {margin: 10px 0;}.vcard_wrap.default .maps {margin: 10px 0;}@media ( max-width: 770px ) {.vcard_wrap.default .vcard {width: 100% !important;margin-left: 0;margin-right: 0 !important;margin-bottom: 20px;position: static;float: none;display: block;}}We use cookies to enhance your experience of our website. By continuing to use this website, you agree to the use of these cookies. For more information and to learn how you can change your cookie settings, please see our policy.Agree