An oft-litigated issue in false-advertising class actions is whether a plaintiff can show that each class member relied on the challenged statement when they made their purchasing decision. The Eighth Circuit recently offered an example of how this issue can pose a significant roadblock to class certification in In re
Continue Reading Eighth Circuit Ices False Labeling Class Action on Predominance Groundseighth circuit
Supreme Court to Decide If Presence of Uninjured Class Members Defeats Class Certification
By Jonah Panikar & Andrew Soukup on
On January 24, the Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis to address a long-unsettled issue central to class-action litigation: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.”Continue Reading Supreme Court to Decide If Presence of Uninjured Class Members Defeats Class Certification
Eighth Circuit Reverses “Windfall” Fee Award to Class Counsel
By Marianne Spencer on
Earlier this summer we reported that federal courts of appeals are more closely scrutinizing class action settlements that award class counsel outsized sums not reflecting counsels’ time spent on the litigation. Last week, the Eighth Circuit joined the trend by reversing an attorneys’ fee award of almost $80 million in a “megafund” case that “had barely gotten off the ground before it settled.” In re T-Mobile Customer Data Sec. Breach Litig., — F.4th —, 2024 WL 3561874, at *1 (8th Cir. July 29, 2024).Continue Reading Eighth Circuit Reverses “Windfall” Fee Award to Class Counsel