Source - Developments in Class Action Law

Class Action Decisions Published February 2024

Highlights from this issue include:

Communications with Class Members. The Seventh Circuit affirmed the district court awarding attorneys’ fees and civil sanctions against defendants for encouraging class members to opt-out during the class notice period.

Article III Standing. The Ninth Circuit reaffirmed that plaintiffs must prove Article III standing by a preponderance of the evidence at the class certification stage and that standing can be raised on appeal even if it was not raised before the district court.

Manageability/Superiority and Individual Damages. The Ninth Circuit reaffirmed the manageability prong of the superiority requirement is met even if damages need to be individually calculated.

Subscribe to receive future monthly updates >>