FirstEnergy Wins Affirmance of Denial of Class Certification

On January 29, on behalf of FirstEnergy Corp in the Court of Appeals for the Sixth District in Ohio, Skadden secured the affirmance of denial of class certification and the reversal of certification of the subclass, giving FirstEnergy a complete victory on the plaintiffs’ motion for class certification. The plaintiffs asserted one claim for fraudulent misrepresentation, alleging that one of FirstEnergy's subsidiaries sent intentionally inaccurate tax forms to its shareholders. The Sixth District agreed with Skadden’s argument that the mere receipt of an allegedly inaccurate tax form is not a concrete injury, and that receiving an incorrect tax form does not necessarily mean that shareholders overpaid their taxes.