Antitrust Class Actions Class Certifications Consumer Class Actions First Circuit Decisions US District Court - Mass US District Court - Rhode Island
November 18, 2019 by Josh Dunlap
About a year ago, I observed that the First Circuit in In re Asacol Antitrust Litigation had constrained plaintiffs’ ability to rely on affidavits to prove injury-in-fact. In so doing, the First Circuit substantially curtailed its prior decision in In re Nexium Antitrust Litigation, which certified a class containing uninjured consumers because class members would […]
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Class Certifications Class Representative Consumer Class Actions US District Court - Mass
August 20, 2019 by Melanie Conroy
Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on claims arising from the marketing of a medical device intended to reduce body fat. The decision provides a searching and instructive analysis of the […]
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Class Certifications Consumer Class Actions Fair Credit Reporting Act Privacy Class Actions US District Court - Mass
August 6, 2019 / April 29, 2021 by Melanie Conroy
In McIntyre v. RentGrow, Inc., No. 18-cv-12141-ADB, the District of Massachusetts recently denied a defendant’s motion to dismiss or to strike class claims in a putative Fair Credit Reporting Act (“FCRA”) action. The plaintiff’s complaint asserted FCRA claims on behalf of a nationwide class of tenants allegedly harmed by the defendant’s tenant screening reports that […]
Antitrust Class Actions Appeals Arbitration Class Action Fairness Act Class Arbitration Class Certifications Consumer Class Actions Privacy Class Actions Securities Class Actions Supreme Court
June 20, 2019 / June 20, 2019 by Melanie Conroy
The 2018-2019 term of the U.S. Supreme Court opened with a newly configured court in which Justice Kavanaugh joined as an Associate Justice following the retirement of Justice Kennedy. Since October of last year, the Court has heard 69 argued appeals, several of which arose from class action litigation. Over the past nine months, the […]
Class Certifications Employment Class Actions Massachusetts Decisions
April 15, 2019 / January 12, 2023 by Don Frederico
Every now and then a case comes along that rewards us class action nerds with an embarrassment of riches. Gammella v. P.F. Chang’s China Bistro, Inc., decided last week by the Massachusetts Supreme Judicial Court, is one such case. In it, the Court addressed a number of important class certification issues, some unique to Massachusetts […]
Class Certifications First Circuit Decisions
February 19, 2019 / February 19, 2019 by Josh Dunlap
The Supreme Court meant what it said in China Agritech, Inc. v. Resh – that is the primary lesson from the First Circuit’s January 30th decision in In re Celexa and Lexapro Marketing and Sales Practices Litigation. As my partner, Don Frederico, explained in a blog post last year, the Supreme Court observed in China […]
Antitrust Class Actions Class Certifications First Circuit Decisions Jurisdiction
November 6, 2018 / January 12, 2023 by Don Frederico
In his October 17th post, Josh Dunlap describes in detail the First Circuit’s landmark ruling in In re Asacol Antitrust Litigation concerning classes that include uninjured members. As Josh points out, although the district court had referred to ascertainability in its decision certifying the class, the First Circuit opinion reversing class certification did not, and for good reason. […]
Class Certifications Employment Class Actions US District Court - Mass
July 18, 2017 / January 12, 2023 by Don Frederico
In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically, the plaintiffs alleged that they were required to remain in the store during their breaks when they were the only managerial employees […]
Class Certifications Consumer Class Actions
January 26, 2017 / May 17, 2024 by Katherine Kayatta
On this blog, we have previously written about the growing split among the federal circuits concerning courts’ approaches to ascertainability. The Third Circuit, in a string of cases within the last five years, adopted a test requiring that class members must be identifiable without extensive and individualized fact-finding or “mini-trials,” and a plaintiff must present […]
Class Certifications Third Circuit Decisions
October 11, 2016 / February 26, 2019 by PAMarketing
One of the least disputed elements of class certification is Rule 23(a)(1) numerosity, and so there is relatively little analysis from the courts about it. Last month, however, a divided panel of the Third Circuit provided a detailed analysis of the purposes of numerosity and the factors that district courts should employ in making numerosity […]
