Class Action Litigation Newsletter | 3rd Quarter 2024

Highlights from this issue include:

• Southern District of New York decertifies class on "eve-of-trial" due to plaintiffs' counsel's inadequacy to represent class.
• New Jersey Supreme Court holds class action waiver enforceable even though not linked to arbitration clause.
• Fourth Circuit vacates class certification in FCRA case for lack of standing in absence of evidence of concrete injury.
• Sixth Circuit upholds class certification, ruling that all class members had an overpayment or diminished value injury even if not all vehicles had manifested the alleged defect.
• Eighth Circuit reverses attorneys' fee award as unreasonable in large data breach settlement.
• Ninth Circuit vacates district court's reduction of $91 million statutory damages award under New York's General Business Law, and remands for determination of whether award violated substantive due process by applying seven factors for when an award is extremely disproportionate to the offense and