Class Actions Brief Blog

As we’ve discussed on the blog before, the Class Action Fairness Act (CAFA) expands federal subject matter jurisdiction over large-scale class actions. Federal courts have jurisdiction under CAFA if (1) the amount in controversy exceeds $5 million, (2) there are more than 100 putative class members, and (3) any member of the putative class is a citizen of a state different from any defendant. 28 U.S.C. § 1332(d)(2).

The third requirement for CAFA jurisdiction—that any class member is a citizen of a different state from any defendant—is known as “minimal diversity.” ...

Under the American Pipe doctrine, the commencement of a class action tolls the statute of limitations for absent class members. American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554 (1974). The intent of this rule is to protect the interests of class members and preserve the efficiencies of class litigation. Without tolling, absent class members would need to intervene or file individual claims to preserve their rights if the court denies class certification. See Crown, Cork & Seal Co. v. Parker, 462 U.S. 345, 350 (1983). We have discussed American Pipe tolling on the blog before ...

Last month, the D.C. Circuit deepened a circuit split on the issue of fail-safe classes. The decision, In re White, 64 F.4th 302 (D.C. Cir. 2023), rejected a categorical rule against all fail-safe classes in favor of a case-by-case approach rooted in the text of the federal rules. With this ruling, the D.C. Circuit called for a return to the fundamentals of Rule 23 in the analysis of fail-safe classes.

A fail-safe class is one in which membership can’t be determined until the case is resolved on the merits. Whether someone qualifies as a member of a fail-safe class depends on whether they ...

Earlier this year, the Fourth Circuit published an updated roadmap for addressing objections to class settlement. The decision, 1988 Trust for Allen Children Dated 8/8/88 v. Banner Life Insurance Co., 28 F.4th 513 (4th Cir. 2022), will be an important resource for parties hoping to bypass objections en route to settlement. It will also be an important guidepost for class members pursuing objections with hopes of slowing down settlement traffic.

Allen Trust clarifies—for the first time in the Fourth Circuit—the burden of proof that applies when a class member objects to ...