Where the (Class) Action Is
Welcome back to the Class Action & MDL
Roundup! This edition covers notable class actions
from the fourth quarter of 2021.
The circuits never sleep. In the fourth quarter, the Seventh
Circuit gutted a putative class action alleging violations of the
FCRA but ultimately determined that the plaintiff still lacked
evidence that proved actual damages. In other news, the Ninth
Circuit and Northern District of California teamed up, holding that
plaintiffs failed to adequately allege their claims in a
wage-and-hour class action.
At the district level, a New Jersey judge granted a motion to
dismiss in a putative class action brought by one of the
company's customers based on denial of insurance coverage for
business interruptions arising during the COVID-19 pandemic. On the
other coast, a California judge denied a motion to dismiss in a
products liability case involving vanilla flavoring, giving
plaintiffs a chance to amend their request for