Sixth Circuit Reverses Defendant’s TCPA Class Action Win

Author: Jeremy Gilman (former Partner at Benesch Law)

This decision is more than merely an appellate adjudication of a TCPA case.  It’s an announcement of class certification law by the Sixth Circuit Court of Appeals.

Here’s the court’s summary: Continue reading “Sixth Circuit Reverses Defendant’s TCPA Class Action Win”

Ninth Circuit Puts the Brakes on Chrysler Class Action

On October 24, 2016, the Ninth Circuit Court of Appeals reversed a district court’s certification of a class against Chrysler Group (“Chrysler”) under the California Consumers Legal Remedies Act.  Because the plaintiff could not establish that damages could be measured on a classwide basis, and because the plaintiff failed to satisfy the typicality and adequacy requirements of Rule 23, the Ninth Circuit reversed certification and remanded for further proceedings.   Continue reading “Ninth Circuit Puts the Brakes on Chrysler Class Action”

Sixth Circuit Holds That Ascertainability Not a Requirement in Rule 23(B)(2) Class Actions

On October 17, 2016, in a case of first impression, the Sixth Circuit held that ascertainability is not a requirement in Federal Rule of Civil Procedure 23(b)(2) class actions.  The Sixth Circuit joined three other Circuits and reasoned that because there is no notice requirement in Rule 23(b)(2) class actions seeking injunctive or declaratory relief, the precise identity of each class member need not be ascertained. Continue reading “Sixth Circuit Holds That Ascertainability Not a Requirement in Rule 23(B)(2) Class Actions”