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John G. Papianou is a partner in the Litigation Department of Montgomery McCracken. John concentrates his practice in complex civil litigation, with particular emphasis on consumer class actions involving claims under state consumer protection statutes. He has counseled and represented numerous clients in consumer class actions across the country.
Feb 02

When Is A Statutory Violation—Without More—Sufficient To Confer Standing

When the United States Supreme Court decided Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), a little over a year ago, many lawyers believed the court’s decision would settle a rather simple question: if a defendant violates a statute, is that sufficient for a… Read More

Aug 12

Ascertainability in Flux: Who’s in and who’s out

A recent decision by the Seventh Circuit Court of Appeals signals a growing divide among the circuits over the “ascertainability” question in class actions. In Mullins v. Direct Digital, LLC, No. 15-1776, — F.3d —, 2015 WL 4546159, at *1 (7th Cir. July 28, 2015),… Read More

Apr 29

Third Circuit Clarifies Its Ascertainability Requirement: A Two-Part Inquiry—But Only a Two-Part Inquiry

The Third Circuit’s recent decision in Byrd v. Aaron’s Inc., No. 14-3050, 2015 WL 1727613 (3d Cir. Apr. 16, 2015), reversed a district court’s denial of class certification because the lower court incorrectly applied the ascertainability requirement to plaintiffs’ proposed Rule 23(b)(3) classes. The appellate… Read More

Aug 13

Third Circuit Rules That Whether a Contract Permits Classwide Arbitration is for the District Court, not the Arbitrator, to Decide

In a case of first impression, the Third Circuit has ruled that the district court, not an arbitrator, should decide whether classwide arbitration is available under a contract with an arbitration clause.  Opalinski v. Robert Half International Inc., No. 12-4444, 2014 WL 3733685 (3d Cir.… Read More

May 09

Third Circuit May Soon Consider Whether Offer of Judgment Moots Class Claims

UPDATE – July 17, 2014: Third Circuit Grants Appeal in Weitzner v. Sanofi The Third Circuit granted a petition for leave to appeal in this matter. See attached notice. Will the Third Circuit heed Justice Kagan’s dissent in Genesis and “rethink [its] mootness-by-unaccepted-offer theory” or… Read More

Mar 05

Supreme Court Denies Cert. in Front-Loading Washer Cases

On February 24, 2014, after re-listing the cases for multiple conferences, the Supreme Court denied certiorari in three front-loading washer cases that many felt gave the Court an opportunity to provide guidance on Rule 23(b)(3)’s predominance requirement.  The cases also presented the question of how… Read More

Oct 21

Third Circuit Rules that Plaintiff Cannot Obtain Review of FLSA Decertification Order by Voluntarily Dismissing Case

In a case of first impression, the Third Circuit has ruled that plaintiffs in Fair Labor Standards Act collective actions may not, after a district court decertifies a collective-action class, obtain appellate review of the decertification order by voluntarily dismissing their claims with prejudice and… Read More

Oct 10

Third Circuit Rulings Tighten Ascertainability and Numerosity Requirements Under Rule 23

Three recent class certification decisions from the Third Circuit have tightened the ascertainability and numerosity requirements under Rule 23. The key takeaways: 1. Plaintiff must offer an administratively feasible way of determining class membership.  If doing so would require the district court to engage in… Read More

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Third Circuit