Class action litigation in the consumer fraud area has exponentially increased over the past several years. Most consumer fraud class actions come with the possibility of excessive payouts for corporations. We hope the Duane Morris Consumer Fraud Class Action Review – 2023 will demystify some of the complexities of consumer fraud class action litigation through our analysis of trends and significant rulings that enable corporate counsel to make informed decisions in dealing with complex litigation risks.
ISBN Number: 978-1-964020-04-4 | 2 |
© Duane Morris LLP 2024. All rights reserved. | 2 |
DISCLAIMER | 2 |
CITATION FORMATS | 3 |
NOTE FROM THE EDITORS | 4 |
CONTRIBUTORS | 5 |
GLOSSARY AND KEY U.S. SUPREME COURT DECISIONS | 6 |
Overview | 9 |
I. Introduction | 9 |
II. What Should Companies Expect In 2024? | 9 |
ERISA Class Actions | 12 |
I. Executive Summary | 12 |
II. Significant Rulings In ERISA Class Actions | 13 |
1. Rulings On Motions To Dismiss ERISA Class Action Claims For Failure To State A Claim | 13 |
2. The Impact Of Hughes v. Northwestern On Rule 12(b)(6) Rulings | 14 |
3. The Totality Of Circumstances Approach | 15 |
4. Other Interpretations Of Hughes v. Northwestern | 16 |
5. Other Cases Citing Hughes, et al. v. Northwestern | 17 |
6. Other Rule 12(b)(6) Rulings In ERISA Class Actions | 20 |
7. Motions To Dismiss Based On Lack Of Standing Pursuant To Rule 12(b)(1) | 21 |
8. Rulings Granting Class Certification Over Standing And Related Challenges | 25 |
9. Rulings Granting Class Certification Over Challenges Of Class Member Differentiation Due To Voluntary Waiver | 26 |
10. Other Decisions Granting Class Certification | 27 |
11. Rulings Denying Class Certification | 30 |
12. Issues In Motions To Compel Arbitration | 32 |
III. Top ERISA Class Action Settlements In 2023 | 34 |
Table Of 2023 ERISA Class Action Litigation Rulings | 36 |
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