Class Certification

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: , |
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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: |
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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: , |
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Ninth Circuit Certifies Minor League Baseball Wage and Hour Class Action

On August 16, 2019, the U.S. Court of Appeals for the Ninth Circuit ruled that minor league baseball players in Arizona and Florida could join minor leaguers in California in a multi-state employment class action against major league baseball ownership and its franchises. The players claim that baseball’s owners and teams failed to comply with the federal Fair LaborStandards Act and Arizona, California, and Florida labor laws by not paying them the required minimum wage. While the players were paid a minimum wage for a 40-hour work week, they claim they were required to work much […]

By |2019-11-26T13:20:27-05:00September 9th, 2019|Practice Areas: Labor & Employment|Topics: , |
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Students and Parents Respond to College Admission Scandal with a Class Action Lawsuit

On March 12, 2019, the United States Department of Justice charged 50 individuals, including celebrities and well-known professionals, with participating in an elaborate multi-million-dollar college recruitment scheme. Under the scheme, administrators and coaches at numerous prestigious educational institutions, as well as ACT and SAT administrators, were bribed in exchange for admitting children with lackluster credentials into such institutions. In light of these charges, current students have “piggybacked” on the government’s case and filed a civil class action complaint alleging punitive and compensatory damages of at least $5 million, which includes the recoupment of the plaintiffs’ admission […]

By |2019-11-26T13:16:47-05:00March 26th, 2019|Practice Areas: General|Topics: |
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SCOTUS Holds that Rule 23(f) Class Certification Appeal Deadline is not Subject to Equitable Tolling

Under Federal Rule of Civil Procedure Rule 23(f), a federal appeals court may hear an appeal from an order granting or denying class certification if the appeal is filed within 14 days after the trial court’s order is entered.  The Supreme Court took up the question as to whether the deadline could be extended under equitable tolling principles. On February 26, 2019, the United States Supreme Court held in Nutraceutical v. Lambert that equitable tolling does not apply to extend the 14-day deadline to appeal an order denying or granting class certification under Federal Rule 23(f).

In […]

By |2019-11-26T13:16:20-05:00March 1st, 2019|Practice Areas: General|Topics: , |
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SCOTUS Hears Arguments to Equitable Tolling Doctrine for Class Certification Appeal

On November 27, 2018, the Supreme Court heard  oral argument in Nutraceutical Corp. v. Lambert, No. 17-1094, to determine whether Federal Rule of Civil Procedure 23(f)’s 14-day deadline to file for permission to appeal an order granting or denying a class-action certification is subject to equitable exceptions.

Rule 23(f) provides that the court of appeals may hear an appeal from an order granting or denying class certification.  To appeal the order, the party must petition the court of appeals for permission within 14 days after the order is entered.

In Lambert, Respondent Troy Lambert filed a class action […]

By |2019-11-26T13:15:32-05:00November 28th, 2018|Practice Areas: Consumer Protection|Topics: , |
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