It's apparently class action day today at the Ninth Circuit, as three of the four civil cases published today review class action complaints. And whatever one might think about the allegedly "liberal" Ninth, it's not a day that will make plaintiff's side class action lawyers happy. Plaintiffs lose in every single case.
The first case, Vinole v. Countrywide Home Loans, affirms the refusal to certify a wage and hour class. The second, Doe v. Abbot Laboratories, takes away $17.5 million from the class (pursuant to a high-low settlement) by holding that there's no monopoly leveraging claim under Section 2 absent an antitrust refusal to deal. The third and final case, Mevorah v. Wells Fargo, reverses and remands the district court's decision to certify.
There are certainly some upsides to being a class action lawyer. But ease of victory assuredly ain't one of 'em. Trust me.
