Class Certification

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Last week, Judge Woods granted defendants’ motion to decertify a class because plaintiffs’ counsel failed to comply with its obligation to produce a viable class-wide statement of damages. Judge Woods explained that counsel for plaintiffs had been incompetent throughout the litigation, and the Court was no longer satisfied that plaintiffs’ counsel could adequately represent the class.Continue Reading Judge Woods: Class Decertified Due to Counsel’s Continued Inadequacy

Last week, Judge Rakoff held that a class action of transgender individuals challenging the coverage of gender dysphoria treatments under New York’s Medicaid program will proceed to trial.  Specifically, the class challenged the New York Department of Health (“DOH”)’s exclusion of coverage for gender reassignment and hormone therapy for individuals under 18, and a blanket ban on “cosmetic” procedures (even if deemed medically necessary).
Continue Reading Gender Dysphoria Class Action Will Proceed to Trial Before Judge Rakoff

Last week, Judge Rakoff denied a request from the defendants in a group of Petrobras securities cases to stay a September trial date pending the Second Circuit’s consideration of an interlocutory appeal of class certification.  The defendants argued that the Second Circuit appeal was on an expedited schedule, and that significant expense could be saved in the event the case had to be re-tried.  The plaintiffs opposed the stay, arguing that a delay amid Brazilian political upheaval (including issues of Petrobras’ viability) would only serve to prejudice the plaintiffs.
Continue Reading Judge Rakoff Won’t Stay Petrobras Securities Trial, Calls Delay “Bane” of U.S. Legal System

In an opinion today, Judge Schiendlin certified a Rule 23(b)(2) injunction class in a case alleging that it is anticompetitive for Major League Baseball and the National Hockey League to divide the market for games into various territories exclusive to the local teams, while allowing the broadcast of out-of-market games only as part of all-or-nothing packages like MLB Extra Innings or NHL Center Ice. The defendants’ primary argument against class certification was that the class would impermissibly consist of those would benefit from a dismantling of the existing structure — e.g., a Yankee fan in Iowa who would prefer to be able to buy a package of just Yankee games — and those who would be harmed — e.g., a Yankee fan in Iowa who would in all events buy the full MLB Extra Innings package but, if a-la-carte options were available, might not have the package option or might have to pay more.  According to the defendants, these “winners” and “losers” cannot form a cohesive class.  Judge Scheindlin concluded that this argument “fails three times over”:
Continue Reading Judge Scheindlin Certifies Injunction Class in Antitrust Challenge to “Territorial” Structure of Sports Broadcasts

In an opinion Friday, Judge Rakoff denied class certification in an class action accusing various defendants connected to a hedge fund of trading on insider information to the detriment of investors who traded around the same time. Judge Rakoff disqualified one of two proposed class representatives because he had an undisclosed arrangement for an attorney…

In an opinion issued yesterday, Judge Stein certified two classes of plaintiffs – a national class and a New York class – bringing fraud claims against internet dating web site It’s Just Lunch (“IJL”).  The class representatives claim to have been defrauded into paying $1,000 for a year-long membership to IJL based on “corporate‐mandated…