Tilting at Windmills: Nationwide Class Settlements after In re Hyundai and Kia Fuel Economy Litigation

Every once in a while, a case comes along that disrupts the class action playing field. The plaintiffs’ bar suffered setbacks with AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), and to a lesser extent Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011). Jurisprudence then stabilized as the corporate defense bar’s hopes for stricter ascertainability and standing requirements were dashed, at least for the moment, by the Supreme Court’s approach in Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (2016), and a series of certiorari denials.