Justia Class Action Opinion Summaries

The Supreme Court dismissed this appeal challenging the circuit court's order denying Appellants' motion for summary judgment and granting summary judgment for Appellees, holding that the circuit court's order was not a final order. Appellees filed a class-action complaint against Appellants, online travel companies (OTCs), alleging that the OTCs had failed to collect or collected and failed to remit the full amount of gross-receipts taxes imposed by government entities on hotel accommodations. The circuit court granted partial summary judgment for Appellees on the issue of liability. Appellants appealed. The Supreme Court dismissed the appeal, holding that where the circuit court stated that its order was preliminary and that it was retaining jurisdiction to determine the appropriate relief, and where the court did not enter an Ark. R. Civ. P. 54(b) certification, the order was not final. View "Hotels.com, L.P. v. Pine Bluff Advertising" on Justia Law

The Ninth Circuit reversed the district court's approval of a settlement notice process and a class action settlement, negotiated without a certified class, in a case arising out of a dispute under federal and California labor law regarding whether exotic dancers working at various nightclubs in San Francisco were misclassified as independent contractors rather than being treated as employees. The panel held that the settlement notice did not meet Federal Rule of Civil Procedure 23's "best notice that is practicable under the circumstances" standard. The panel also held that the district court abused its discretion in approving the settlement, because the district court applied an incorrect legal standard and failed to employ the heightened scrutiny required to meet the strict procedural burden the panel imposed for assessing class settlements negotiated prior to class certification. The panel also reversed the district court's award of attorneys' fees, and remanded for further proceedings. View "Murphy v. SFBSC Management" on Justia Law

Plaintiff challenged the district court's attorneys' fee award, arguing that the entire award was arbitrary because the district court did not adequately explain its decision to cut the number of hours expended by class counsel by 25%. The underlying class action was brought by plaintiff on behalf of a nationwide class of consumers, alleging that defendants marketed James Bond DVD and Blu-ray sets as containing all the Bonds films, when in fact they failed to include two movies. The parties settled and the settlement agreement included defendants' agreement to pay attorneys' fees and cost. The Ninth Circuit affirmed the attorneys' fee award, holding that the district court's order, when read in its entirety, explained the lodestar calculation it conducted and its application of the percentage-of-recovery analysis as a cross-check for reasonableness. Therefore, the panel found that the district court adequately explained its reasoning and did not abuse its discretion. View "Johnson v. Metro-Goldwyn-Mayer Studios, Inc." on Justia Law

The Ninth Circuit affirmed the district court's denial of class certification in an action challenging the procedures that the City and WSDOT uses to remove unauthorized encampments, camping equipment, and personal property left on city-owned property. Plaintiffs alleged that defendants engaged in a practice of "sweeps" that destroyed property, and violated the unreasonable seizure and due process clauses of the federal and state constitutions. The panel held that plaintiffs failed to proffer sufficient evidence and articulate a practice that was common to the claims of the proposed class in their motion for class certification. In this case, there was no evidence that every plaintiff has experienced the same challenged practice or suffered the same injury due to the implementation of the guidelines at issue. Therefore, the district court did not abuse its discretion in holding that an alleged practice affecting each of the plaintiffs was not discernible from the record and denying certification. View "Willis v. City of Seattle" on Justia Law

Krista Peoples and Joel Stedman filed Washington Consumer Protection Act ("CPA") suits against their insurance carriers for violating Washington claims-handling regulations and wrongfully denying them personal injury protection (PIP) benefits. The federal district court for the Western District of Washington certified a question of law relating to whether Peoples and Stedman alleged an injury to "business or property" to invoke their respective policies' PIP benefits. Peoples alleged her insurance carrier refused, without any individualized assessment, to pay medical provider bills whenever a computerized review process determined the bill exceeded a predetermined limit, and that the insurance company's failure to investigate or make individualized determinations violated WAC 284-30-330(4) and WAC 284-30-395(1). Due to this practice of algorithmic review, the insurance carrier failed to pay all reasonable medical expenses arising from a covered event, in violation or RCW 48.22.005(7). Stedman alleged his carrier terminate PIP benefits whenever an insured reached "Maximum Medical Improvement," which he alleged violated WAC 284-30-395(1). The Washington Supreme Court held an insurance carrier's wrongful withholding of PIP benefits injures the insured in their "business or property." An insured in these circumstances may recover actual damages, if proved, including out-of-pocket medical expenses that should have been covered, and could seek injunctive relief, such as compelling payment of the benefits to medical providers. Other business or property injuries, apart from wrongful denial of benefits, that are caused by an insurer's mishandling of PIP claims are also cognizable under the CPA. View "Peoples v. United Servs. Auto. Ass'n" on Justia Law

The Landowners filed a “rails-to-trails” class action against the United States, claiming that the government, through the National Trails System Act, effected a Fifth Amendment taking of Landowners’ reversionary rights to property underlying railroad easements owned by the BNSF Railway. On remand, the Claims Court rejected the government’s argument that a negotiated settlement had been abandoned; approved that settlement agreement as procedurally and substantively fair; entered a partial final judgment pursuant to Rule 54(b) “in the total amount of $159,636,521.65, consisting of $110,000,000 in principal and $49,636,521.65 in interest,” and deferred determination on the amount of attorney fees and costs to award class counsel under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). The Federal Circuit affirmed, upholding finding that the government failed to meet “its burden of demonstrating that the parties unequivocally intended to abandon the Settlement Agreement.” The court declined to address the government’s argument that the Claims Court erred by not limiting class counsel to the agreed amount of URA fees and costs, concluding that it lacked jurisdiction over the issue. View "Haggart v. United States" on Justia Law

The Eleventh Circuit reversed and vacated the district court's order remanding the case to state court after the case was removed to federal district court under the Class Action Fairness Act (CAFA). Because plaintiff sought equitable relief to reinstate a lapsed or surrendered life insurance policy, the court held that the face value of the policy could be used to satisfy the amount-in-controversy requirement, and that the aggregate face value of the life insurance policies here was over $75 million. Therefore, the court held that Wilco has met its burden of proving by a preponderance of the evidence that the amount in controversy exceeds the $5 million CAFA threshold. View "Anderson v. Wilco Life Insurance Co." on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the trial court declining to compel arbitration of class claims under the parties' agreement in this case, holding that the lower courts applied the correct legal standards in declining to compel class arbitration. This arbitration dispute between homeowners and their home warranty company evolved into a putative class action complaining about releases the warranty allegedly demanded before making covered repairs. Plaintiffs demanded arbitration, asserting that Defendant was required to arbitrate the class claims under the arbitration provisions in the warranty. The trial court granted Defendant's motion to dismiss, concluding that the question of whether the parties agreed to class arbitration was a question of arbitrability for the court to make and that the warranty agreement did not permit class arbitration. The court of appeals affirmed. The Supreme Court affirmed, holding (1) arbitratibility of class claims is a gateway issue for the court unless the arbitration agreement clearly and unmistakably expresses a contrary intent; (2) an agreement to arbitrate class claims cannot be inferred from silence or ambiguity, but rather, an express contractual basis is required; and (3) the lower courts correctly determined that Defendant was not bound to arbitrate Plaintiffs' putative class claims. View "Robinson v. Home Owners Management Enterprises, Inc." on Justia Law

The Ninth Circuit affirmed the district court's dismissal of class actions in MDL brought by plaintiffs against boxers and promoters, alleging that defendants concealed a pre-existing injury to boxer Emmanuel "Manny" Pacquiao, and that plaintiffs would not have purchased tickets to watch the fight had they known of the injury. The panel held that spectators who were disappointed in a sporting event did not suffer a legal cognizable injury. The panel also held that plaintiffs essentially got what they paid for -- a full-length regulation fight between two boxing legends. In this case, Pacquiao’s shoulder condition did not prevent him from going the full twelve rounds, the maximum number permitted for professional boxing contests. View "Alessi v. Mayweather" on Justia Law

The Supreme Court affirmed the order of the circuit court granting class certification for nursing employer at a health and rehabilitation facility and the circuit court's rulings on Appellants' motions and objections, holding that Appellees met their burden to prove the class certification requirements and that the circuit court's class certification order was sufficient. Appellees, nursing employees at a health and rehabilitation facility, filed a putative class action alleging that the facility violated the minimum wage and overtime provisions of the Arkansas Minimum Wage Act (AMWA), Ark. Code Ann. 11-4-210(a) - 211(a). Appellees then filed a motion for class certification. The circuit court granted class certification. The Supreme Court affirmed, holding that the circuit court properly determined that the requirements of Ark. R. Civ. P. 23 were satisfied and, in its class certification order, defined the class and sufficiently set forth the claims and defenses. View "Infinity Healthcare Management of Arkansas, LLC v. Boyd" on Justia Law