Variations In Damages & Settlement Classes - Richardson v. L'Oreal USA, Inc.

In the wake of Comcast Corp. v. Behrend, a number of different courts have weighed in on the question of whether variations in damages should preclude certification of a litigation class. Last month, however, the District of the District of Columbia issued an opinion which implied that variations in damages might preclude the certification of a settlement class.

The case is Richardson v. L'Oreal USA, Inc., 2013 U.S. Dist. LEXIS 158599 (D.D.C. Nov. 6, 2013).  And it's another Center for Class Action Fairness case. (You can read Ted Frank's original writeup of the case here, and let me offer the usual disclaimer: I have worked with the CCAF in the past.)

Richardson alleged that L'Oreal falsely marketed certain hair care products as "available only at fine salons and spas" even though they were also available at big-box retailers like Kmart.