Abuse of Discretion – Class Certification

By: Derek Hawkins//January 13, 2020//

Listen to this article

7^th Circuit Court of Appeals

Case Name: Christine Dancel v. Groupon, Inc.,

Case No.: 19-1831

Officials: BAUER, BRENNAN, and ST. EVE, Circuit Judges.

Focus: Abuse of Discretion – Class Certification

Is a person’s username a part of her identity? That is a complex question, but one that Christine Dancel proposes can be resolved categorically for all usernames and all people. The district court thought otherwise and declined to certify a class because it would have to be decided username-by-username whether each one is an aspect of a given class member’s identity, at least as that word is defined by the Illinois Right of Publicity Act (IRPA), 765 ILCS 1075/5. Dancel contends this rejection of her theory was an improper decision on the merits of her and the class’s claims, and the court therefore abused its discretion at the class-certification stage. We see no such mistake in the district court’s reasoning and affirm the order denying certification.

Affirmed

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event