Tag Archives: Class Action

Sixth Circuit Re-Affirms Certification of Liability-Only Class of Consumers

In a decision sure to reverberate among the class action bar, the Sixth Circuit recently re-affirmed the certification of a liability-only class of Ohio consumers, despite the Supreme Court’s directive that it reconsider its previous affirmation of the same class in light of the Supreme Court’s recent decision in Comcast v. Behrend,133 S. Ct. 1426 … Continue Reading

The Sixth Circuit Delivers a Pair of Class Action Decisions

The Sixth Circuit yesterday handed down two class action decisions of interest, one involving dismissal of a complaint (Dudenhoefer v. Fifth Third Bancorp) and the other concerning certification issues (Young v. Nationwide Mutual Ins. Co.).  Judge Stranch authored both opinions. Dudenhoefer arises against the Sixth Circuit’s recent backdrop of insisting on detail in complaints in … Continue Reading

Sixth Circuit Denies Whirlpool’s En Banc Petition in Front Loading Washer Case

The Sixth Circuit yesterday entered an order denying Whirlpool Corporation’s en banc petition seeking review of a May 4, 2012 panel decision affirming class certification in a multi-district litigation involving alleged design defects leading to mold and mildew in certain front-load washing machines made by Whirlpool and sold to Ohio consumers.  See Opinion, In re … Continue Reading

When Is a Defendant Not a Defendant? Sixth Circuit Decides Important CAFA Removal Case

The Sixth Circuit yesterday answered this question, holding that under the Class Action Fairness Act of 2005 (“CAFA”), a third-party defendant is not a “defendant” permitted to remove an underlying state court action to federal court.  In re Mortgage Electronic Registration Systems, Case No. 12-501 (PDF).  In reaching this conclusion, the Court joined the Fourth, Seventh … Continue Reading

Sixth Circuit Affirms Decision Striking Class-Action Allegations Where Adjudication Would Require Analyzing Each Class Member’s Claim Under the Law Of Their Home State

The Sixth Circuit closed the class-action doors on classes based on violations of various state consumer protection laws yesterday.  In Pilgrim v. Universal Health Card, LLC, Case No. 10-3211/3475, the Sixth Circuit affirmed the Northern District of Ohio’s decision to strike the class allegations in the plaintiffs’ complaint.  Plaintiffs alleged that Universal Health Card, LLC … Continue Reading

Banking Class Action Case Headed to Sixth Circuit

Earlier this month, Arlington Video Productions, Inc. filed a notice of appeal from denial of class certification (and later summary judgment) in a case it brought against Fifth Third Bank in the Southern District of Ohio.  Challenging certain fees assessed by Fifth Third, Arlington Video sought to certify a class of: All individuals and entities … Continue Reading

No Carve Out for Mutual Fund Holders — Sixth Circuit Affirms SLUSA Dismissal of Class Action Lawsuit

In a precedent-setting opinion, the Sixth Circuit recently held that mutual fund shareholders are barred from asserting state-law fraud claims for periods when the plaintiffs held their shares, versus fraud that occurred during the purchaseof those shares.  This decision also foreshadows the Sixth Circuit’s view that improper class actions must be dismissed in their entirety under SLUSA (not just selected … Continue Reading

Class Decertification in Ohio Title Insurance Case Upheld

When a district court certified a class of Ohio homeowners alleging failure by title insurers to provide a merited discount, post-certification discovery revealed the individualized nature of the inquiries necessary for the homeowners to prove their case and thus demonstrated that certification had been improvidently granted.  The district court subsequently decertified the class, which, expressing … Continue Reading

Sixth Circuit Reverses Dismissal of Class Suit on Motorcycle Helmets

In Fabian v. Fulmer Helmets, Inc. (6th Cir. 10-5009, Dec. 23, 2010) (PDF), the Sixth Circuit reversed dismissal by the trial court of a pre-certification, class-action lawsuit predicated on a motorcycle helmet manufacturer’s alleged misrepresentation of safety standards. In Fabian, the helmet model in question – AF-50 – had been tested by National Highway Traffic … Continue Reading

Sixth Circuit Wrestles with Ripeness Standard in Reviewing Arbitration Panel Decision

Last week, a divided Sixth Circuit panel in Dealer Computer Services, Inc. v. Dub Herring Ford, et al. (6th Cir., Case No. 09-1848, Oct. 14, 2010) (PDF) (“DCS II”), held that the three-prong ripeness inquiry previously set forth by the Sixth Circuit in a closely related earlier ruling in the same case, Dealer Computer Services, Inc. v. Dub Herring … Continue Reading