Tag Archives: class action

GT’s Rob Herrington Honored by Century City Bar Association as 2017 Class Action Litigation Lawyer of the Year

California’s Century City Bar Association (CCBA) recently selected GT Century City shareholder Robert J. Herrington, Co-Chair of the global law firm’s Products Liability and Mass Torts Practice, as the 2017 Class Action Litigation Lawyer of the Year. Herrington was honored at the Association’s 49th Annual Installation Banquet and Awards Ceremony at the Intercontinental Hotel, Century … Continue Reading

Will Ninth Circuit Class Actions Force Resolution of Ascertainability Circuit Split?

“Ascertainability” in the context of civil litigation involves the identification of individuals who qualify for membership in a putative class action. Although not an explicit requirement under Rule 23, since the US Court of Appeals for the Third Circuit refused to certify a class due to difficulties in objectively and efficiently identifying class members in … Continue Reading

Demmler v. ACH Food Companies, Inc.: Mooting Consumer Class Actions in Response to Pre-Suit Demand Letters

We previously blogged about Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), in which the Supreme Court held that an unaccepted Rule 68 offer of judgment does not moot a class plaintiff’s claims and, in turn, a class action.  But the Court postulated that actual satisfaction of a class plaintiff’s claims – such as … Continue Reading

Seventh Circuit Revives Another Data Breach Suit — Lewert v. P.F. Chang’s China Bistro, Inc.

Plaintiffs in consumer data breach class actions have struggled to establish Article III standing. Article III standing requires an alleged ‘‘concrete and particularized injury that is fairly traceable to the challenged conduct, and is likely to be redressed by a favorable judicial decision.’’ In Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138 (2013) the … Continue Reading

The Dutch Act on Collective Settlement of Mass Claims (WCAM) Goes Global Again: A Forum Outside the United States to Resolve Mass Claims Disputes Internationally

On March 14, 2016, Ageas (formerly, Fortis Bank) and several foundations representing the Fortis shareholders announced a EUR 1.204 billion settlement of shareholder claims and they are now seeking to declare the settlement legally binding on all shareholders under the 2005 Dutch Act on Collective Settlement of Mass Claims (the WCAM).[1] Recently, the settlement was brought … Continue Reading

Decision May Make Class Action Lawsuits More Difficult to Settle

Written by Robert J. Herrington and Jeff E. Scott. A recent decision by the Ninth Circuit may make it more difficult to settle class action lawsuits where there is a potential for parallel government enforcement action. The authors of this Greenberg Traurig Alert discuss the decision in California v. IntelliGender, LLC, and as a result, … Continue Reading

Variability in Consumer Experience Dooms Class Action

Berger v. Home Depot USA, Inc., No. 11-55592 (9th Cir. Feb. 3, 2014) This is a great decision for retailers and consumer products companies. The court affirmed a decision denying class certification, recognizing that variability in consumer experience when entering into a retail transaction makes a case inappropriate for class treatment. In Berger, plaintiff challenged … Continue Reading

Hope for Consumer Products Companies Facing ‘Natural’ Class Actions

Greenberg Traurig Shareholder Ed Chansky highlights a recent decision dismissing consumer fraud claims alleging a personal care product was mislabeled as “all natural.”  The key aspects of the decision were: “Natural” is a vague and ambiguous term without a single or universal definition. The plaintiffs’ proposed definition of “natural” as “existing in or produced by … Continue Reading

Cautionary Tale – Modify Business Practices and on the Hook for Catalyst Fees

After being hit with a class action, one question consumer products companies often face is:  should we modify our business practices in response to the suit?  Sometimes it makes sense.  Changing the challenged practice can, in some cases, help defeat class certification and may help limit liability.  Others would argue that changing business practices in … Continue Reading
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