Plaintiffs filed a would-be class-action against China Agritech and others, alleging violations of the Securities Exchange Act of 1934 (Resh Action). Plaintiffs in this case were unnamed plaintiffs in two earlier would-be class actions against many of the same defendants based on the same underlying events (Dean and Smyth Actions). Class action certification was denied in both cases. Determining that appellate jurisdiction was proper, the Ninth Circuit held that the would-be class action brought by the Resh plaintiffs was not time-barred. In this case, plaintiffs' individual claims were tolled under American Pipe & Construction Co v. Utah, 414 U.S. 538 (1974), and Crown, Cork & Seal Co. v. Parker, 462 U.S. 345 (1983), during the pendency of the Dean and Smyth Actions. The panel explained that so long as they can satisfy the criteria of FRCP 23, and can persuade the district court that comity or preclusion principles do not bar their action, they were entitled to bring their timely individual claims as named plaintiffs in a would-be class action. The panel held that permitting future class action named plaintiffs, who were unnamed class members in previously uncertified classes, to avail themselves of American Pipe tolling would advance the policy objectives that led the Supreme Court to permit tolling in the first place View "Resh v. China Agritech" on Justia Law

Landlord brought this interlocutory appeal challenging a summary judgment in favor of Tenant and the district court’s order certifying a class of tenants. Tenant filed an action seeking a declaration that certain lease provisions violated the Iowa Uniform Residential Landlord and Tenant Act. The Supreme Court affirmed in part and reversed in part, holding (1) some, but not all, of the challenged lease provisions were prohibited under the Act; and (2) the certification of a class in this case was procedurally flawed. The court remanded the cause for the district court to make the findings required under Iowa R. Civ. P. 1.263(1). View "Walton v. Gaffey" on Justia Law

After their leases expired, three tenants, on behalf of themselves and other similarly situated residential tenants, brought suit against their landlord. The district court granted summary judgment for the tenants, declaring that certain of the landlord's lease provisions violated the Iowa Uniform Residential Landlord and Tenant Act. The court also certified a class of tenants. The landlord brought this interlocutory appeal. The Supreme Court affirmed in part and reversed in part, holding (1) some, but not all, of the challenged lease provisions were prohibited under the Act; and (2) the class certification was procedurally flawed in the absence of findings required under Iowa R. Civ. P. 1.263(1). The court remanded the cause for further proceedings. View "Kline v. Southgate Property Management, LLC" on Justia Law

At issue was whether plaintiffs may amend their complaint, after a case has been removed to federal court, to change the definition of the class so as to eliminate minimal diversity and thereby divest the federal court of jurisdiction. The Ninth Circuit held that plaintiffs may not do so and clarified that the range of amendments permitted under the panel's prior opinion in Benko v. Quality Loan Service Corp., 789 F.3d 1111 (9th Cir. 2015), upon which the district court relied, is very narrow. Plaintiff filed suit against Visa and others, claiming that Visa is violating the state antitrust laws by fixing rates and preventing merchants from applying a surcharge for the use of credit cards. Because the existence of minimal diversity in this case must be determined on the basis of the pleadings at the time of removal in accordance with the general rule, the order of the district court remanding the case on the basis of a postremoval amendment must be reversed. View "Broadway Grill v. Visa" on Justia Law

In 2011, the district court approved a Settlement Agreement that created a $680 million compensation fund for the benefit of class members consisting of Native American farmers and ranchers who participated in a non-judicial, administrative claims process.In this appeal, two class members challenged the district court's approval of an addendum to the Agreement. The DC Circuit affirmed the judgment of the district court, rejecting the claim that the modification clause requires Appellant Mandan's assent before the Agreement can be amended. The DC Circuit held that the district court did not abuse its discretion in finding that the addendum was fair, reasonable, and adequate; the court declined to reach the merits of Mandan's legal challenges to the cy-près provision because these claims were explicitly waived before the district court; the claims were also forfeited because Mandan never raised any legal challenges to the cy-près provision before the district court despite clear opportunities to do so; and there were no good reasons at this point in the litigation to entertain Mandan's legal challenges to the cy-près provisions in the first instance. Finally, the DC Circuit found no merit in Appellant Tingle's breach of fiduciary duty claims. View "Keepseagle v. Perdue" on Justia Law

The district court did not abuse its discretion by certifying this case as a class action.Plaintiffs alleged that air pollution from a corn wet milling plant interfered with the use of their property. Plaintiffs filed a complaint alleging nuisance, trespass, and negligence under common law and statute. The district court granted Plaintiffs’ motion for class certification and divided the class into two subclasses, one for members in close proximity to the plant and the other for those in peripheral proximity. The Supreme Court affirmed, holding that the district court did not abuse its discretion in certifying the class and that Defendant failed to show that the class certification order violated its due process rights. View "Freeman v. Grain Processing Corp." on Justia Law

Plaintiffs filed a class action in state court alleging that Progressive sold insurance policies with benefits below the statutory minimum required by Minnesota state law. On appeal, plaintiffs challenged the district court's denial of plaintiffs' motion to remand to state court after Progressive removed to federal court. The Eighth Circuit concluded that the district court properly denied the motion for remand because plaintiffs failed to establish the amount they collectively paid in premiums, and without such information, the court could not determine whether it would be legally impossible for them to recover $5,000,000. The Eighth Circuit also concluded that the district court properly dismissed plaintiffs' claim on the ground that the deductible practice challenged by plaintiffs did not violate Minnesota's No Fault Act. Accordingly, the Eighth Circuit affirmed the judgment. View "Dammann v. Progressive Direct Insurance" on Justia Law

The Supreme Court held that an attorney authorized by his or her client in writing via a HIPAA release form to obtain the client’s health care records is a “person authorized by the patient” under Wis. Stat. 146.83(3f)(b)4.-5. and is therefore exempt from paying certification charges and retrieval fees under these subdivisions. Accordingly, the Court reversed the decision of the court of appeals in this class action lawsuit, holding that Plaintiff’s attorney was a “person authorized by the patient” and was therefore exempt from the certification charge and retrieval fee for obtaining copies of Plaintiff’s health care records. View "Moya v. Healthport Technologies, LLC" on Justia Law

In this complaint filed against Robinson Nursing and Rehabilitation Center, LLC and related entities (collectively, Robinson), the Supreme Court affirmed the circuit court’s order granting class certification in part and reversed it in part. Andrew Phillips filed a first amended class-action complaint challenging Robinson’s business practice of chronic understaffing. Robinson appealed the order granting class certification, arguing that Phillips did not meet his burden of proving commonality, predominance, typicality, and superiority, and that the class definition was overbroad. The Supreme Court held that the circuit court (1) properly granted class certification as to Phillips’s claims of breach of contract, Arkansas Deceptive Trade Practices Act (ADTPA), and unjust enrichment; and (2) abused its discretion in certifying the class action as to Phillips’s negligence claim. View "Robinson Nursing & Rehabilitation Center, LLC v. Phillips" on Justia Law

Under the Telephone Consumer Protection Act (TCPA), an effective consent to automated calls is one that relates to the same subject matter covered by the challenged messages. Akira, a retailer, engaged Opt for text-message marketing services. Akira gathered 20,000 customers’ cell phone numbers for Opt’s messaging platform. Akira customers could join its “Text Club” by providing their cell phone numbers to Akira representatives inside stores, by texting to an opt-in number, or by completing an “Opt In Card,” stating that, “Information provided to Akira is used solely for providing you with exclusive information or special offers. Akira will never sell your information or use it for any other purpose.” In 2009-2011, Akira sent about 60 text messages advertising store promotions, events, contests, and sales to those customers, including Blow. In a purported class action, seeking $1.8 billion in damages, Blow alleged that Akira violated the TCPA, 47 U.S.C. 227, and the Illinois Consumer Fraud Act by using an automatic telephone dialing system to make calls without the recipient’s express consent. The Seventh Circuit affirmed summary judgment for Akira. Blow’s attempt to parse her consent to accept some promotional information from Akira while rejecting “mass marketing” texts construed “consent” too narrowly. The court declined to award sanctions for frivolous filings. View "Blow v. Bijora, Inc." on Justia Law