Faruki Blog

Class Certification Proving Challenging in Data Breach Actions

A trio of decisions illustrates the challenge of obtaining class certification in class actions based on data breaches. Relatively few courts have.. Read More

Sixth Circuit Offers Rare Insight Into What to Focus on When Seeking Appellate Review of a Class Certification Decision Under Rule 23(f)

Earlier this month, the Sixth Circuit issued a two-page decision in In re Marietta Mem. Hosp., No. 17-0312, 2018 U.S. App. LEXIS 460 (6th Cir. Jan... Read More

The Ongoing Saga of Establishing Harm and Class in Privacy Litigation: An Update

In privacy litigation, the cornerstones of establishing a case rise and fall on two things. Harm. First, can the plaintiffs establish a claim by.. Read More

Ohio Supreme Court Rules that Ohio Courts "Must Conduct a Rigorous Analysis" When Evaluating Whether to Certify a Class

Recall that last June I told you that the Supreme Court of Ohio agreed to consider State Farm's discretionary appeal of the Eighth District Court of.. Read More

Merits Inquiry and Rigorous Analysis: Ohio Supreme Court Clarifies When Merit Inquiry at the Class Certification Stage is a Proper Part of the Rigorous Analysis

On Tuesday, July 16, 2013, the Ohio Supreme Court held that trial courts must "conduct a rigorous analysis, which may include probing the merits of.. Read More

Predominance Inquiry and Rigorous Analysis: Comcast Corp. Already Impacting Class Certification Appellate Review

The recent Comcast Corp. opinion from the U.S. Supreme Court is already impacting appellate review of class certification decisions. In Comcast Corp... Read More

Cheers! Skinnygirl® Successfully Defends a Motion for Class Certification

Who knew that former Real Housewives star and burgeoning mogul Bethenny Frankel would have a hand in shaping federal class action law. On January 9,.. Read More

Circuit Court Details When Causation is Pled for Data Breach Related Claims

In a split decision, the 11th Circuit joins the majority of Circuits in finding that a plaintiff has Article III standing by alleging financial loss.. Read More

Incentive Payments and Adequacy Challenges -- Promises of Incentive Payments Can Create Conflicts of Interest Issues and Defeat Class Certification

When promises of incentive payments are made by class counsel (outside of the settlement context where the parties reach an agreement to make such a.. Read More

Although Not an "Adjudication," Refund Programs Can Still Defeat Class Certification in the Seventh Circuit

It is not uncommon for retailers and manufacturers to voluntarily reimburse consumers when faced with a product issue, allowing consumers to receive.. Read More

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