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Class Action Blog

As society becomes increasingly litigious, and as plaintiff attorneys market their services more aggressively, class action litigation is posing a rapidly growing threat to businesses in all sectors.

Class Action Blog
December 9, 2019

Faulty Choice of Law Analysis Leads to Class Certification Reversal

The Eight Circuit recently reversed and remanded a district court’s class certification. The class plaintiff sued on grounds that defendant’s vacuums were deceptively advertised, violating the Missouri Merchandising Practices Act (MMPA) as well as breach of express and implied warranties, unjust enrichment, and “violation of other states’ consumer protection laws, and redhibition (on behalf of a Louisiana sub-class).” The district court found that Missouri Law applied after applying Missouri’s choice of law rules and then certified a class under Rule 23(b)(3). Defendant Emerson Electric sought and was granted a Rule 23(f) appeal.

Class Action Blog
September 13, 2019

Ninth Circuit En Banc Reverses Panel and Approves The Nationwide Class Action Settlement Of MDL Cases Regarding Vehicle Fuel Economy Misrepresentations.

Most class action cases are complex. Whenever multiple class actions are joined in an MDL, the complexity is greatly increased. This blog post discusses the five consolidated appeals of an objected to nationwide class action settlement. On appeal, a divided three judge panel vacated the class certification and remanded. However, “a majority of the nonrecused active judges” voted to rehear the case en banc. That resulted in six judges joining all of the majority opinion, three judges joining the dissenting opinion, and one judge joining separate parts of the majority and dissenting opinions.