Follow Up – Class Counsel Granted $20.4 Million Attorneys’ Fee Award in Dish...
In a December order, Judge Eagles awarded $20.4 million in attorneys’ fees to Class Counsel in Krakauer v. Dish Network. The motion for fees was unchallenged by Dish Network, and all but a handful of...
View ArticleSpecial Master to Dish Out Unclaimed Judgment Proceeds
There is no shortage of consumer class actions these days, but most of these cases are settled or dismissed. If trials are rare, trials of class actions are rarer, if only because of the stakes. In...
View ArticleWhen can class members recover for non-traditional harms?
At oral argument in TransUnion, LLC v. Ramirez, TransUnion’s counsel told the U.S. Supreme Court that a lack of harm is a reason “to break out the champagne, not to break out a lawsuit.” The Court has...
View ArticleHow Many Uninjured Class Members is Too Many for Certification? The Waters...
The extent to which the presence of uninjured class members may defeat class certification remains unsettled. While, standing alone, the existence of some uninjured class members may not be not fatal...
View ArticleFishy Results for Class Action Defendants in the Ninth Circuit
Last September, we wrote about the Ninth Circuit’s opinion in Olean Wholesale Grocery v. Bumble Bee Foods and the court’s decision to rehear the case en banc. The en banc Ninth Circuit has now waded...
View ArticleContinuing to Troll the Ninth Circuit Class Certification Waters – Will the...
Updated 8-16-22: StarKist and the other defendants filed their petition for certiorari in the Olean Wholesale Grocery case. A link to the Petition is here. In September 2021 and again in June of this...
View ArticleDoes Due Process Limit Aggregate Statutory Damages in Class Actions?
Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid...
View ArticleThe Now-Traditional Argument About Non-Traditional Harms—No Answer In Sight
Our colleague Erik Zimmerman reported in an earlier post the memorable declaration from defense counsel in TransUnion, LLC v. Ramirez, 594 U.S. 413 (2021): when a legal violation results in no harm,...
View ArticleBoth Car and Class Totaled?
One of the key issues at class certification is whether plaintiffs have met their burden to establish commonality and predominance: that “questions of law or fact common to class members predominate...
View ArticleDisappointments and Silver Linings in North Carolina Class-Action Law
Life has its disappointments. Sometimes, you think you’ve won a free car, but it turns out that you’ve won only a couple of dollars. And sometimes, you think that an appellate court will clarify a...
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