Topic Archives: Class Action

March 27, 2020Class Action

Ninth Circuit Provides Guidance on Pre-certification Discovery

Earlier this year, the Ninth Circuit held that plaintiffs cannot avail themselves of liberal discovery rules in order to locate class representatives. The court found that Rule 26(b)(1) of the Federal Rules of Civil Procedure, which governs the discovery process, does not authorize discovery before class certification when such discovery is to help plaintiffs locate ...›

March 10, 2020Class Action

Ninth Circuit Weighs In on Standing Requirements for Privacy Claims and Approval of Injunctive Relief-Only Class Settlements

Courts scrutinize class action settlements to ensure they result from arms-length negotiations and are fair and reasonable to absent class members. Applying that standard to a nationwide settlement of a privacy lawsuit against Facebook, on March 3, 2020, the Ninth Circuit provided a helpful roadmap for parties seeking approval of class action settlements where the ...›

Data Breach
September 5, 2019Class Action, Consumer Products, Privacy

Will California’s Attempt to Invalidate Arbitration Agreements and Class Action Waivers for CCPA Claims Prove Successful?

The day the California Consumer Privacy Act of 2018 (CCPA) will become operative (January 1, 2020) is fast approaching. We have written extensively about the CCPA since it passed, and our past client alerts and a variety of CCPA-related materials can be found in our CCPA Resource Center. Here, we focus on the CCPA’s private ...›

Ninth Circuit’s En Banc Hyundai Decision: Less Strict Standard For Settlement Classes

On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context.[1]  Hyundai II preserves the ability to certify nationwide settlement classes while maintaining more demanding requirements for litigation classes.  As noted in our earlier ...›

Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin

In April, a New York federal court denied certification for a purported class alleging that Johnson & Johnson misled customers by placing the words “no trans fat” on labels for its Benecol buttery spreads. See Bowling v. Johnson & Johnson, et al., 1:17-cv-03892, S.D.N.Y. 2017. The court’s order focused on issues highly specific to the ...›

November 1, 2018Class Action, Government Actions

Annual California Legislative Recap

Another year has passed in the California Legislature, with new laws and amendments affecting California employers.  Among the more significant changes, bills prompted by the #MeToo movement, including the new requirement that corporate boards of directors include women, have been passed.  Other changes include amendments to the Fair Pay Act regarding potential employees’ salary history ...›

Mixed Results on Class Certification for “Cereal” Plaintiff

In Hadley v. Kellogg Sales Company, Plaintiff Stephen Hadley, who has filed at least two additional lawsuits alleging the mislabeling of breakfast foods, sought certification of four California subclasses of purchasers of Kellogg’s cereal and cereal bar products.  On August 17, 2018, Judge Koh issued an order that carefully dissected Plaintiff’s request.  The court concluded ...›