Recently, the Sixth Circuit was compelled to take a side of the jurisdictional split on the issue of whether a statute of repose can be tolled by a pending class action certification. The split arises out of the 1974 Supreme Court decision in American Pipe& Constr. Co. v. Utah, 414 U.S. 538 (1974), which held … Continue Reading
Because of the significant size of the jury verdicts or, more likely, the settlements of class actions, questions of class certification carry significant weight. However, it is not just monetary consideration that makes class actions so important. One element of aggregate litigation that is most frequently discussed is the due process considerations that need to … Continue Reading
After the Supreme Court denied class certification to female Wal-Mart employees in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) on the grounds that plaintiffs were unable to demonstrate any “nationwide” policy or practice of discrimination, Wal-Mart employees began to press their gender discrimination claims in a spate of narrower, regionally-focused class-action suits … Continue Reading
Yesterday, in an unpublished opinion, the Sixth Circuit refused Rule 23(f) certification of an antitrust class action. In re VHS of Michigan, Inc. The Sixth Circuit had previously remanded this case for the district court to revisit its class certification decision in the wake of the Supreme Court’s decision in Comcast. The district court, however, … Continue Reading
On Monday, the Supreme Court granted certiorari in Fifth Third Bancorp v. Arlington Video Productions – an unpublished Sixth Circuit decision – vacated the judgment, and sent it back to the Sixth Circuit for further consideration in light of Comcast Corp. v. Behrend, 569 U.S. ___ (2013). As we covered here, the Sixth Circuit in … Continue Reading
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 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
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
An often repeated question by litigants to their attorneys is whether an adverse ruling by the district court is subject to immediate appeal. The answer to that question is, of course, highly circumstantial. Depending on how their case is procedurally situated, in addition to the underlying substantive issues in some instances, litigants may or may … Continue Reading
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
We have covered a number of important Sixth Circuit decision on class actions over the past year, including as Randleman v. Fidelity National Title Ins. Co. and Dealer Computer Services, Inc. v. Dub Herring Ford. Though a small percentage of the court’s docket, such cases often have an outsize effect on both precedent within the … Continue Reading
On September 23, a group of dairy petitioners filed a petition in the Sixth Circuit seeking interlocutory review of a class action certification in a significant antitrust case — In re Southeastern Milk Antitrust Litig.pdf (Case No. 10-0504) (PDF). The Sixth Circuit has no “hard-and-fast test” for determining whether to grant a Rule 23(f) petition … Continue Reading
