With the onslaught of litigation resulting from Target’s data privacy breaches, including recently filed class actions within the Sixth Circuit in Ohio, Kentucky, and Tennessee federal district courts, there is an increased focus on the appropriateness of class certification in such cases. Can cardholders whose information was stolen but not used as of the date of the case filing … 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
We have previously reported on the Sixth Circuit’s affirmation of a class certification decision in In re Whirlpool Corporation Front-Loading Washing Products Liability Litigation, which involved washing machines that allegedly were susceptible to mold and mildew. We also reported on Whirlpool’s en banc petition, and the five amicus parties that supported the petition. The Court … Continue Reading
As we previously reported back on May 4, 2012, a three-judge panel of the Sixth Circuit, relying heavily on the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2451 (2011), affirmed class certification in a multi-district litigation involving alleged design defects leading to mold and mildew in certain front-load washing machines … Continue Reading