Posts in Sixth Circuit Class Action Law.
Sixth Circuit clarifies CAFA removal rules in favor of defendants
On April 7, the United States Court of Appeals for the Sixth Circuit issued a decision clarifying the rules governing the timing of removal of cases to federal court under the Class Action Fairness Act (CAFA).
Class Action Ohio
Class Action Fairness Act, Federal Class Action Law, Sixth Circuit Class Action Law
Michigan district court weighs in on Rule 68 offers

A recent federal district court decision out of Michigan weighed in on Rule 68, and issue in which a a prospective class action defendant settles the case with a named plaintiff, potentially mooting the rest of the class action from going forward.

Class Action Ohio
Other Jurisdictions, Sixth Circuit Class Action Law, Telephone Consumer Protection Act
Sixth Circuit: Using the word “settlement” could create FDCPA liability

The Sixth Circuit recently published an opinion in Buchanan v. Northland Group, Inc., which is a relatively rare decision related to the Fair Debt Collection Practices Act. The opinion offers a deep, fact-based look at the FDCPA case from the Western District of Michigan.

Class Action Ohio
Settlements, Sixth Circuit Class Action Law
S.D. Ohio Holds No-Consent TCPA Class Impermissibly “Fail-Safe”
S.D. Ohio Holds No-Consent TCPA Class Impermissibly “Fail-Safe”
Class Action Ohio
Class Definitions, Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law
Pleading still matters: Shareholders failed to properly plead scienter

Pleading still matters: Shareholders failed to properly plead scienter

Class Action Ohio
Securities Class Actions, Sixth Circuit Class Action Law
Sixth Circuit Reaffirms Class Certification in Whirlpool Washing Machine Case

Sixth Circuit Reaffirms Class Certification in Whirlpool Washing Machine Case

Class Action Ohio
Civil Rule 23 Requirements, Federal Class Action Law, Sixth Circuit Class Action Law, U.S. Supreme Court, Wal-Mart v. Dukes
Sixth Circuit Holds That Rule 68 Offer to Class Representative Does Not Moot Class Claims

Sixth Circuit Holds That Rule 68 Offer to Class Representative Does Not Moot Class Claims

Class Action Ohio
Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law, Standing
Sixth Circuit affirms denial of class certification in Davis v. Cintas Corp.
Sixth Circuit affirms denial of class certification in Davis v. Cintas Corp.
Class Action Ohio
Civil Rule 23 Requirements, Sixth Circuit Class Action Law, Wal-Mart v. Dukes
OSBA Class Action Roundup: The Latest Developments in State and Federal Court
OSBA Class Action Roundup: The Latest Developments in State and Federal Court
Class Action Ohio
Bricker Class Action Events, Ohio Class Action Law, Sixth Circuit Class Action Law, U.S. Supreme Court, Wal-Mart v. Dukes
Sixth Circuit Vacates Class Settlement, Applies New “Preferential Treatment” Test
Sixth Circuit Vacates Class Settlement, Applies New “Preferential Treatment” Test
Class Action Ohio
Banking Industry, Settlements, Sixth Circuit Class Action Law
Whirlpool Files Reply Brief in Support of Certiorari in Class Action Appeal
Whirlpool Files Reply Brief in Support of Certiorari in Class Action Appeal
Class Action Ohio
Federal Class Action Law, Sixth Circuit Class Action Law, U.S. Supreme Court, Wal-Mart v. Dukes
U.S. Supreme Court Hears Oral Argument in a Case That Could Have a Broad Reaching Effect on Class Action Lawsuits

U.S. Supreme Court Hears Oral Argument in a Case That Could Have a Broad Reaching Effect on Class Action Lawsuits

Class Action Ohio
Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law, Standing, U.S. Supreme Court
Class Counsel Files Brief Opposing Certiorari in Whirlpool Class Action
Class Counsel Files Brief Opposing Certiorari in Whirlpool Class Action
Class Action Ohio
Civil Rule 23 Requirements, Federal Class Action Law, Sixth Circuit Class Action Law, U.S. Supreme Court, Wal-Mart v. Dukes
Can an Offer of Judgment Divest a Class Representative of Standing? Supreme Court to Decide

Can an Offer of Judgment Divest a Class Representative of Standing? Supreme Court to Decide

Class Action Ohio
Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law, Standing, U.S. Supreme Court
U.S. Supreme Court Considers Petition for Certiorari in the Sixth Circuit’s Class Certification Decision in Whirlpool v. Glazer
U.S. Supreme Court Considers Petition for Certiorari in the Sixth Circuit’s Class Certification Decision in Whirlpool v. Glazer
Class Action Ohio
Civil Rule 23 Requirements, Federal Class Action Law, Sixth Circuit Class Action Law, U.S. Supreme Court, Wal-Mart v. Dukes
Sixth Circuit to consider whether pre-certification offer of complete relief to plaintiff requires dismissal of case

Sixth Circuit to consider whether pre-certification offer of complete relief to plaintiff requires dismissal of case

Class Action Ohio
Federal Class Action Law, Settlements, Sixth Circuit Class Action Law, Standing
Sixth Circuit vacates class certification based on preclusion, interprets Wal-Mart

Sixth Circuit vacates class certification based on preclusion, interprets Wal-Mart

Class Action Ohio
Federal Class Action Law, Insurance Industry, Sixth Circuit Class Action Law, Sixth Circuit Wal-Mart Scoreboard, Wal-Mart v. Dukes
Ham v. Swift Transp. Co., Inc.: What defense counsel can learn from a class certified under Wal-Mart

Much has been already said about the Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011).  In this article, we provide a discussion of the recent case of Ham v. Swift Transp. Co., Inc., 275 F.R.D. 475 (W.D. Tenn. 2011), which illustrates that the precepts of Wal-Mart do not impede certification of classes under ...

Class Action Ohio
Civil Rule 23 Requirements, Federal Class Action Law, Sixth Circuit Class Action Law, Sixth Circuit Wal-Mart Scoreboard, Wal-Mart v. Dukes
Sixth Circuit affirms decision striking class allegations in challenge to health care discount program, calling class treatment inefficient, unworkable, and inconsistent with Rule 23

Sixth Circuit Affirms Decision Striking Class Allegations in Challenge to Health Care Discount Program, Calling Class Treatment Inefficient, Unworkable, and Inconsistent with Rule 23

Class Action Ohio
Civil Rule 23 Requirements, Class Action Fairness Act, Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law
Rule 23(f) appeal filed in hog odor nuisance case

On October 26, 2011, Defendants-Appellants filed a Rule 23(f) Petition seeking immediate leave to appeal the District Court's October 13, 2011 Order granting in part Plaintiff-Appellee's motion for class certification. 

Class Action Ohio
Civil Rule 23 Requirements, Expert Testimony, Federal Class Action Law, Kentucky Class Action Law, Sixth Circuit Class Action Law
N.D. Ohio Court finds commonality in suit against health insurer
In Meznarich v. Morgan Waldron Insurance Management, LLC (N.D. Ohio Sept. 30, 2011), 2011 U.S. Dist. LEXIS 113237, **15-16, Judge Pearson recently certified a class of 1100 employees, under Rule 23(b)(1)(A), who alleged breach of fiduciary duty, ERISA violations and fraud against Morgan Waldron Insurance management LLC and others.  ...
Class Action Ohio
Federal Class Action Law, Insurance Industry, Sixth Circuit Class Action Law
No harm, no class: Damage element still standing in Sixth Circuit

The Sixth Circuit has joined other federal circuits in requiring putative class plaintiffs to plead the elements of causation and damages or face dismissal of their class allegations.

Class Action Ohio
Expert Testimony, Federal Class Action Law, Pre-Certification Motions, Sixth Circuit Class Action Law, Standing
Haynes v. Planet Automall, Inc.: A consumer’s uncommon story

Discussion of a New York District Court decision that provides analysis of a consumer class action claim and the question of commonality.

Class Action Ohio
Civil Rule 23 Requirements, Federal Class Action Law, Sixth Circuit Class Action Law, Sixth Circuit Wal-Mart Scoreboard, Wal-Mart v. Dukes
Class dismissed: Pipefitters steamed

The 6th Circuit Court of Appeals reversed an order certifying a class of hundreds of multi-employer trust funds asserting fiduciary claims arising under the Employee Retirement Income Security Act.

Class Action Ohio
Civil Rule 23 Requirements, Federal Class Action Law, Sixth Circuit Class Action Law, Sixth Circuit Wal-Mart Scoreboard, Wal-Mart v. Dukes

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