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Many legal observers expect the nation’s highest court to issue a 4-4 ruling in the Spokeo v. Robins case. Plaintiffs attorneys say such a ruling likely would preserve the status quo; others argue doing so would allow such no-harm lawsuits to continue, benefiting only class counsel.
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The company argues that a federal appeals court’s ruling, upholding $2.8 million in money damages awarded to a class of current and formerly hourly workers at an Iowa plant, sanctioned the use of “seriously flawed” procedures many district courts have used to permit certification and adjudication of class actions.
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In January, the nation’s highest court ruled that an unaccepted offer of complete relief to a named plaintiff in a putative class action lawsuit does not moot the plaintiff’s claim. But it would not decide whether the result would be different if a defendant deposits the full amount of the plaintiff’s individual claim in an account payable to the plaintiff, and the court then enters judgment for the plaintiff in that amount.
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Jason Johnston, who teaches at the University of Virginia, says the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2015 -- passed by the U.S. House of Representatives last month -- would ensure federal judges are more thorough and consistent in certifying classes.
