In re: Target Corporation Customer Data Security Breach Litigation — instructive 8th Circuit case re class certification

Jim Sciaroni  v.  Target Corporation Civil case – Class Action in Target Security Breach. The district court’s statement in the class certification order regarding Rule 23(a)(4)’s representation adequacy requirement are conclusions, not reasons, and on their own do not constitute the “rigorous analysis” of whether certification was proper in this case; the court has a continuous duty to reevaluate certification throughout the litigation and the court’s order rejecting an allegation of intraclass conflict made before final certification improperly refused to reconsider the issue solely because it had already certified the class; as a result the district court abused its discretion by failing to rigorously analyze the propriety of certification, especially once new arguments regarding the adequacy of representation were raised after preliminary certification, and the matter is remanded to the district court for it to conduct and articulate a rigorous analysis of Rule 23(a)’s certification prerequisites as applied to this case; “costs on appeal” for Rule 7 purposes include only those costs that a prevailing appellate litigant can recover under a specific rule or statute; as a result the bond set in this matter, which included delay-based administrative costs, is reversed and the matter remanded with directions to reduce the Rule 7 bond to reflect only those costs appellee will recover should they succeed in any issues remaining on appeal following the district court’s reconsideration of class certification. The panel retains jurisdiction over any remaining issues following the district court’s disposition on remand. The district court shall certify its findings and conclusions to this court within 120 days.

02/01/2017  Jim Sciaroni  v.  Target Corporation

   U.S. Court of Appeals Case No:  15-3909 and No:  15-3912 and No:  16-1203 and No:  16-1245 and No:  16-1408

   U.S. District Court for the District of Minnesota – Minneapolis

   [PUBLISHED] [Shepherd, Author, with Benton, Circuit Judge, and Strand, District Judge]

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