Sixth Circuit

August 26, 2014 8:23 AM | Posted by Jacob Hathorn and Ben Seessel | Permalink

A Kentucky federal court recently ruled that a class plaintiff may not defeat removal by understating the aggregate amount in controversy alleged in her complaint.

The defendants had assisted plaintiff in connection with her claim for Social Security Disability benefits after she was referred to them by her long-term disability insurance carrier.

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July 30, 2014 8:33 AM | Posted by Michael Greenfield and Ben Seessel | Permalink
The U.S. District Court for the Western District of Michigan denied plaintiffs’ motion for class certification citing plaintiffs’ failure to satisfy Rule 23’s ascertainability, commonality, typicality, and predominance requirements. The defendants, a debt collection agency and law firm, had filed state court complaints on behalf of medical providers in order to collect delinquent debts. The state court complaints included an exhibit listing providers who had allegedly assigned their claims to the plaintiff-provider in each respective case. read more
July 24, 2014 11:59 AM | Posted by Alina Alonso Rodriguez and Jaret J. Fuente | Permalink
The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products engaged Business to Business Solutions (B2B), a “fax-blasting” company, to transmit approximately 10,000 faxes advertising a pipe-thread sealing tape product. read more
April 11, 2012 11:34 AM | Posted by Kathryn H. Christian | Permalink
In Gooch v. Life Investors Insurance Company of America, Nos. 10–5003, 10–5723, 2012 WL 410926 (6th Cir. Feb. 10, 2012), the Sixth Circuit noted that the district court improperly applied the "clearly wrong" standard in deciding class certification by assuming the class representative's allegations to be true and resolving all doubts “in the plaintiff's favor” while conducting what it called “[a] limited factual inquiry into the class allegations, including the deposition of the named plaintiff.” read more