Class Certification

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JUUL: Now in Certified Class Action Flavor

On June 28, 2022, the United States District Court for the Northern District of California certified four separate plaintiff classes in the nationwide JUUL electronic cigarette litigation. Certification of a plaintiff class is necessary for a class action lawsuit to proceed. The lawsuit alleges teen injury, fraud, and RICO violations against JUUL Labs and others, for the allegedly addictive and harmful effects of JUUL’s products.

In opposition to class certification, the JUUL Defendants argued that the proposed class lacked “commonality” because each potential plaintiff made an individual decision to purchase products containing nicotine or other addictive ingredients. […]

By |2022-07-26T11:15:36-04:00July 26th, 2022|Practice Areas: Class Action, General|Topics: , , |

State Farm Policy Holders Granted Class Certification for Second Time in COVID-19 Insurance Recovery Class Action

On February 11, 2022, the United States District Court for the Eastern District of Virginia granted class certification for a second time to a statewide class of Virginia businesses in a potentially precedent setting COVID-19 insurance recovery class action.  The class includes at least 111 Virginia businesses who submitted insurance claims for pandemic-related losses to their insurer, State Farm—and whose claims State Farm denied under its policy’s virus exclusion.  The court’s ruling comes months after a Fourth Circuit panel reversed the trial court’s ruling and remanded the case, ruling that the trial court improperly granted class […]

By |2022-02-25T14:08:23-05:00February 25th, 2022|Practice Areas: Class Action|Topics: , , |

Dolphin’s Former Head Coach Sues NFL For Racial Hiring Practices

On Tuesday, February 1, 2022, former Miami Dolphins head coach Brian Flores filed a class-action lawsuit against the NFL and multiple NFL teams, including the New York Giants, the Denver Broncos, and the Miami Dolphins, alleging racial discrimination in the hiring process of African American coaches and general managers.  Although not directly relevant to his race discrimination claims, Flores also alleged that Dolphins owner Stephen Ross offered to pay him $100,000.00 per loss for each loss during the 2019 season.  Flores’ lawsuit comes just weeks after the Dolphins controversially fired him, despite back-to-back winning seasons as […]

State Farm Policy Holders Granted Class Certification in COVID-19 Insurance Recovery Class Action

On August 19, 2021, in a first-of-its-kind ruling, the United States District Court for the Eastern District of Virginia granted class certification to a statewide class of Virginia businesses in a COVID-19 insurance recovery class action.  The Court granted class certification to a class of at least 111 Virginia businesses that, between March 23 and June 20, 2020, submitted insurance claims to State Farm for pandemic-related business losses.  The losses stemmed from the COVID-19 restrictions put in place in Virginia that required many recreational businesses to close—and then only permitted them to reopen at limited capacity […]

By |2021-08-27T14:56:20-04:00August 27th, 2021|Practice Areas: Class Action|Topics: , , |

Supreme Court to Review Class Certification Standards in Private Securities Litigation

On December 11, 2020, the United States Supreme Court granted certiorari in Goldman Sachs Group, Inc., et al. v. Arkansas Teachers Retirement System, et al. No. 20-222, 2020 U.S. LEXIS 5993 (U.S. Dec. 11, 2020), to review a Second Circuit Court of Appeals decision, which involves issues of class certification in the context of shareholder securities class action litigation.

The questions presented on appeal are: (1) whether a defendant may rebut the Basic presumption by pointing to the generic nature of the alleged misstatements, even though that evidence is also relevant to the substantive element of materiality; […]

By |2021-01-19T10:03:49-05:00January 19th, 2021|Practice Areas: Class Action|Topics: , , |

Universities and Colleges Face Class Action Lawsuits Amid Reopening

With students returning back to school, there has been a large number of reported outbreaks of COVID-19. Many students and parents are filing suits for breach of contracts as it relates to remote learning and the impact that social distancing and campus closures have on students and their learning experience. University staff has also been filing suits saying that schools have not been taking the appropriate measures to protect staff from exposure to the virus.

Attorneys, Matthew D. Berkowitz, Brian O’Shea, and Samantha Lewis dive deep into possible causations and significant hurdles for class certification.

Colleges and Universities Face Flurry of New Coronavirus Cases As They Re-Open for Fall Semester

As colleges and universities re-open their doors for the fall semester, the return of students has been closely followed by a substantial increase in coronavirus cases—and significant public scrutiny.  Administrators are stuck between a rock and a hard place:  Do we remain closed and charge students full tuition for another semester of virtual learning?  Or do we welcome students back to campus and attempt to test as many students as often as possible while imposing social distancing rules?  Many schools have opted for the latter.  The University of North Carolina and the University of Notre Dame, […]

By |2020-08-21T09:45:49-04:00August 21st, 2020|Practice Areas: Class Action|Topics: , , |

Ahead of the Class: Students Taking on Colleges’ Response to COVID-19

In the wake of the COVID-19 epidemic, major industries everywhere are attempting to adjust to the challenges in these unprecedented times.  The higher education system in the United States is no exception.  While many colleges and universities moved to an online learning model for at least the rest of the semester, many students have made it clear that they do not believe that they have gotten what they bargained for.  Unsurprisingly, a steady stream of students and parents have already begun to file class action lawsuits.

These lawsuits address several different categories of fees that schools already […]

By |2020-04-29T15:37:25-04:00April 29th, 2020|Practice Areas: Class Action|Topics: , , |

DC Court of Appeals Refuses to Impose Strict Liability Under the TCPA

In a significant decision regarding the applicability of the Telephone Consumer Protection Act of 1991 (“TCPA”), the D.C. Court of Appeals recently held that the TCPA does not impose strict liability on a person or entity whose goods or services are advertised in an unsolicited fax. Instead, the Court ruled that the Act may impose vicarious liability on a person or entity on whose behalf unsolicited fax ads were sent, regardless as to who actually sent the faxes.

In FDS Rest., Inc. v. All Plumbing, Inc., No. 16-CV-1009, 2020 D.C. App. LEXIS 111 (Mar. 26, 2020), FDS […]

The Future of Class Actions in The Self-Driving Vehicle Industry

For years, experts have forecasted that our streets will soon be filled by autonomous, self-driving vehicles.  Rather than sitting behind the wheel and worrying about traffic and other motorists, we will be able to ride in comfort in our vehicles while watching television, surfing the Internet, or catching up on emails—all as the vehicle safely drives itself.  While the full impact of autonomous vehicles remains a mystery, eventually, they are likely to revolutionize the way we travel.

One thing that is certain, however, is that as we adapt to self-driving vehicles (and they adapt to us), there […]

By |2020-01-13T11:39:01-05:00January 13th, 2020|Practice Areas: Class Action|Topics: , |

Holiday Shopper Beware: CBD Oil, A Growing Trend in Class Action Litigation

As consumer purchases ramp up for the holiday season, a recent wave of class action law suits brings to light safety concerns over the use Cannabidiol (“CBD”) oil.

CBD is a chemical in the Cannabis sativa plant, also known as marijuana or hemp. In 2018, the Farm Bill permitted the sale of hemp-based products in the United States. However, the United States Food and Drug Administration (“FDA”) prohibits marketing CBD as a dietary ingredient for use in dietary supplements. Additionally, the FDA prohibits marketing any potential health benefits of the product. Proponents of CBD allege the product […]

By |2019-12-20T11:03:19-05:00December 20th, 2019|Practice Areas: Class Action, Product Liability|Topics: |

Federal Court Decertifies FCRA Class Action for Lack of Standing Under Spokeo

On October 18, 2019, a federal judge in the United States District Court for the Central District of California decertified a class of approximately 6.5 million Wal-Mart job applicants, ruling that the plaintiffs failed to satisfy Article III standing requirements under Spokeo v. Robins. The Supreme Court in Spokeo reiterated that a statutory violation by itself and without a concrete injury is insufficient to confer Article III standing.

In Pitre v. Wal-Mart Stores, Inc., a class of plaintiffs alleged that Wal-Mart violated the Fair Credit Reporting Act by failing to provide job applicants with required and sufficient […]

By |2019-11-26T13:20:52-05:00October 22nd, 2019|Practice Areas: General|Topics: , |