Miscellaenous Class Action BBQ
I hope everyone had a good Memorial Day weekend. This week, we take a brief look at a number of opinions that were decided last week, none of which are revolutionary, but all of which are useful to...
View ArticleWhen Ten Depositions Aren’t Enough – Barnes v. Equinox Group
One of the tough things about defending class actions is the fact that discovery is asymmetrical. Some plaintiffs use the fact that corporate defendants generate huge numbers of documents to inflict...
View ArticleClass Action Summer Camp – Typicality
Typicality tends to be a useful, if not always used, way of framing various class action issues. Its primary purpose is to ensure that the class action is really a representative lawsuit rather than...
View ArticleFighting Fishing Expeditions, Part III: The Cost-Sharing Order
The facts underlying the allegations in Boeynaems v. L.A. Fitness Int’l, LLC, 2012 U.S. Dist. LEXIS 115272 (E.D. Pa. Aug. 16, 2012) are hardly remarkable. The plaintiffs allege that they signed up for...
View ArticleWhat Counts as “Making Copies”– Costs under Johnson v. Allstate Insurance Co.
In 2007, four customers of Allstate Insurance Company sued it, alleging that it used outdated scoring algorithms to calculate their premiums, in violation of the Illinois Consumer Fraud Act. They were...
View ArticleThe New Bifurcation – Pieloor v. Gate City Bank (D.N.D. 2012)
Amber Pieloor filed a class action against her bank, the Gate City Bank of North Dakota. She accused the bank of re-sequencing a number of her financial transactions. Re-sequencing occurs when a bank...
View ArticleA Brief Reminder about Rule 1
Plaintiffs filed a class action complaint against defendant Tournament One Corp. in Nevada state court. Tournament One removed the case to federal court, and immediately filed a Motion to Compel...
View ArticleDon’t Forget the Motion to Stay – Thornton v. DaVita HealthCare Partners., Inc.
In Thornton v. DaVita HealthCare Partners., Inc., No. 13-cv-00573-RBJ-KMT, 2013 U.S. Dist. LEXIS 145458 (D. Colo. Oct. 8, 2013), the plaintiffs filed a class action alleging various causes of action...
View ArticleBifurcating Discovery to Reduce Costs
It’s a tale as old as the Telephone Consumer Protection Act ("TCPA"): defendant Janssen Pharmaceuticals sent out a fax reporting on the reclassification of its drug Levaquin for insurance purposes....
View ArticleClass Action Discovery & the Proportionality Log
Professor Suja Thomas (of Oddball Cases fame) has jumped into the debate over proportionality in discovery with a post over at Prawfsblawg. The debate, prompted by the upcoming amendments to FRCP 26,...
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