Class Action Decisions Published December 2022
Highlights from this issue include:
Affirmative Defenses. The Second Circuit held the district court erred in certifying a class alleging ERISA violations because it did not consider Defendant’s affirmative defenses in its predominance analysis.
Ascertainability. The Eastern District of Pennsylvania denied certification of a class alleging IKEA was negligent and deceptive in how it planned and implemented a recall. The court found the class failed the ascertainability requirement because it proposed to identify class members through self-identification after email notification, but email notification was not sufficient because they could have been notified of the recall in other ways.
Securities. The Northern District of California granted preliminary approval to a $25,000,000 settlement in which the class alleged Lyft violated securities laws by failing to disclose in its Initial Public Offering Statement: (1) the potential for reputational damage and legal liability due to sexual assault allegations against drivers; (2) that Lyft’s market share was shrinking because of a price war with a competitor; and (3) safety issues with Lyft’s bike sharing program.
