The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. Second Circuit Behrens v. JPMorgan Chase Bank, N.A. – In this decision, the Second Circuit answered a question of first impression for that court: “whether the existence of subject-matter jurisdiction requires a ..read more

The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions. Third Circuit Barclift v. Keystone Credit Services, LLC – This decision concerns a putative class action asserting claims under the Fair Debt Collection Practices ..read more

Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a third-party pricing consultant, share current rental prices with them, and, as a condition for participation, agree to robotically adhere to the ..read more

The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions. Fifth Circuit Dixon v. D.R. Horton, Inc. – D.R. Horton removed a Louisiana state court class action against it to federal court, invoking CAFA ..read more

Welcome to the inaugural edition of Classified Monthly: A Roundup of Class Action Decisions from Federal Appellate Courts.   The Roundup normally will arrive in your inbox the first week of each month and will cover the previous month’s notable decisions. Because December was a light month for decisions, this inaugural edition covers both November ..read more

One notable opportunity associated with antitrust class action practice is the expert “hot tub,” which generally speaking is an in-court, on-the-record “debate” between dueling economists, with the court, parties, and experts themselves (or some variation thereof) participating in questioning. Such proceedings are different from a traditional Daubert hearing, which involves questions from the attorneys and ..read more

Nearly three years after its decision in Johnson v. NPAS Solutions LLC, the Eleventh Circuit Court of Appeals remains the only circuit in the nation to categorically bar class representatives from receiving incentive awards. The U.S. Supreme Court recently denied a petition for certiorari to review the Eleventh Circuit’s first-in-the-nation decision in Johnson. Three other ..read more

The number of companies reporting an active, putative class action related to COVID-19 is down by almost half. Corporate counsel in this year’s 2023 Carlton Fields Class Action Survey report that workforce and regulatory issues, and employee activism, are taking the place of COVID-19-related issues on their docket. Of the remaining pandemic-related class actions, half ..read more

The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in effectiveness from the prior year’s survey. Those findings may be related to the fact ..read more

Less than half of companies defending class actions use alternative fee arrangements to manage costs, according to the 2023 Carlton Fields Class Action Survey. Companies reported that the factors contributing to the low usage of AFAs include increased turnover of in-house attorneys, law firm turnover, and more law firm resistance due to demand for legal ..read more