As consumers continue to file class actions around the country, it is important for practitioners to analyze how federal courts interpret class certification requirements. For defense attorneys, it is especially helpful to understand the nuanced arguments that have been successful in defeating class certification and, in particular, to develop a strong factual record during discovery in support of those arguments. One recent federal court decision highlights potential arguments with respect to two hurdles that continue to be the Achilles heel for proposed consumer classes: predominance and ascertainability.
One issue defense attorneys in consumer class actions should have on their radar when conducting discovery is a focus on the reasons why each individual consumer purchased the relevant product. Some consumers read labels – others do not – and these variations can highlight reasons why certification of a class may be improper. Discovery often reveals that many
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Last month, a district court in Massachusetts ruled that a putative class action against Mercedes-Benz USA, LLC (“Mercedes-Benz” or “Defendant”) should remain in federal court. See Richard K. Garick v. Mercedes-Benz USA, LLC, No. 17-cv-12042-IT (D. Mass March 30, 2018). The United States District Court for the District of MassachusettsRead the full article →
A district court in Illinois recently dismissed putative class action claims against Fannie May Confections Brands, Inc. based on allegations that certain boxes of their sugary treats contained fewer candies than expected. Benson v. Fannie May Confections Brands, Inc., No. 17 C 3519, 2018 WL 1087639, at *1 (N.D. Ill.Read the full article →
We know it’s still hockey season but an interesting decision from the Ninth Circuit recently caught our eye involving the national pastime. Hoping to catch a foul ball in the stands has long been a fan-favorite part of America’s pastime. But in an age of increased pitching and hitting speedsRead the full article →
As consumers continue to file putative class actions for allegedly defective products, it is imperative that practitioners take note of how federal courts are applying the requirements of Federal Rule of Civil Procedure 23. Recently, the District Court of New Jersey denied class certification of a proposed putative class actionRead the full article →