Topic: Class certification

Apple claims “pure assertion” by claimant underlies UK class action methodology

Apple has urged the UK’s Competition Appeal Tribunal to strike out consumer rights advocate Justin Gutmann’s proposed class action due to a “fatal mismatch” between his abuse claim and methodology for calculating loss.

12 September 2023

UK class action against Apple alleges new form of abuse, claimant argues

Justin Gutmann's proposed class action claim alleging that Apple abused its dominance by concealing battery issues from consumers constitutes a novel theory of harm, the claimant has said.

11 September 2023

Google Play Store consumer class faces decertification

Google is likely to avoid a steep payout to 21 million consumers after a California federal judge backtracked on a previous ruling and excluded the damages calculations of the plaintiffs’ primary expert.

30 August 2023

Axon hit with follow-on challenge from NJ town

Police gear manufacturer Axon has illegally ensured its dominance in the markets for body cameras and electroshock weapons since purchasing its “closest and only viable competitor”, a New Jersey township has alleged.

24 August 2023

Trends in Class Certification

Featured in US Courts Annual Review - Edition 4

With class action suits on the rise, courts are continuing to perform their gate-keeping function at the certification stage. The issue of standing remains a critical focus, while questions are being raised of whether common issues are truly predominant.

28 July 2023

UK court upholds Trucks opt-in class action certification

Road Haulage Association can proceed with its certified opt-in class action against members of the EU trucks cartel, a UK appellate court has said - rejecting a rival claimant’s bid to overturn the dismissal of its own opt-out claim.

25 July 2023

CAT stays interchange fee class actions against Mastercard and Visa

The UK’s Competition Appeal Tribunal has refused to certify four class action claims against Visa and Mastercard, finding that the proposed class representatives showed a concerning “casualness” in their proposed methodologies.

09 June 2023

City seeks class certification against Mallinckrodt, Express Scripts

The City of Rockford, Illinois, has sought to certify three classes of infant seizure drug purchasers that it claims were harmed by Mallinckrodt’s exclusive distribution agreement with Express Scripts.

31 May 2023

Xyrem purchasers win class certification

A California federal judge has granted class status to indirect purchasers in the Xyrem antitrust litigation, rejecting several drugmakers’ claims that many class members would remain “brand loyal” even if generic narcolepsy treatments entered the market earlier.

16 May 2023

UK appeals court expresses scepticism of third-party trucks cartelists in certification challenge

Two appellate judges have questioned why some members of the EU trucks cartel are opposing a challenge to the certification of a class action that seeks damages from them.

10 May 2023

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