Sixth Circuit Sends Flint Water Class Action to State Court Under CAFA’s Local Controversy Exception

On November 16, 2016, the Sixth Circuit held that a state law professional negligence class action against civil engineering companies arising out of the Flint, Michigan water crisis must be litigated in Michigan state court.  Because the plaintiffs’ proposed class contained more than two-thirds Michigan citizens, a local defendant, and injuries limited to those arising from Flint’s water system, the case was “truly local in nature” and thus belonged in state court. Continue reading “Sixth Circuit Sends Flint Water Class Action to State Court Under CAFA’s Local Controversy Exception”

Plus Feature: Lyft Obtains Dismissal Of FCRA Class Action

Lyft, the ride-sharing service, recently obtained dismissal of a putative class alleging that it violated the Fair Credit Reporting Act (“FCRA”) when obtaining background checks on its drivers. See Nokchan v. Lyft, Inc., No. 15-cv-03008 (N.D. Cal. Oct. 5, 2016). The plaintiff, Michael Nokchan, was a driver for Lyft. Nokchan alleged that Lyft violated the FCRA by failing to provide him a disclosure of his rights to request his credit and background report when he applied to become a driver. Continue reading “Plus Feature: Lyft Obtains Dismissal Of FCRA Class Action”

Coming Up This Term from SCOTUS

Author: Jeremy Gilman (former Partner at Benesch Law)

One class action-related case, so far:  Microsoft v. Baker, case no. 15-457, on certiorari from the Ninth Circuit.  The issue:  “Whether a federal court of appeals has jurisdiction under both Article III and 28 U.S.C. § 1291 to review an order denying class certification after the named plaintiffs voluntarily dismiss their individual claims with prejudice.” Continue reading “Coming Up This Term from SCOTUS”

Nationwide Moves for Reconsideration Following Sixth Circuit’s revival of Data Breach Class Action

On September 26, 2016, Nationwide Mutual Insurance Co. (“Nationwide”) petitioned the Sixth Circuit Court of Appeals to reconsider its September 12, 2016 ruling that revived a class action arising out of Nationwide’s 2012 data breach.  Citing a notice of supplemental authority filed in another class action pending before the Third Circuit, Nationwide argued that rehearing en banc is necessary to resolve conflicts among the Circuits regarding the injury-in-fact and traceability requirements of Article III standing. Continue reading “Nationwide Moves for Reconsideration Following Sixth Circuit’s revival of Data Breach Class Action”