Topic
class certification
957 published works
Minding Your Business
Seventh Circuit Rules: Just Saying it Doesn’t Make it So, for Class Certification
By Om V. Alladi
Defendants on the losing side of a class certification order were recently provided with a roadmap of how to challenge a district court’s analysis on appeal. On April 12, 2023,…
Class Action Defense Blog
Texas Supreme Court Reaffirms “Rigorous and Searching Judicial Analysis of Plaintiffs’ Claims” Required Prior to Class Certification
By Gerald L. Maatman, Jr. and Emilee Crowther Duane Morris Takeaways: In American Campus Communities, Inc. v. Berry, No. 21-0874 (Tex. Apr. 21, 2023), the Texas Supreme Court unanimously reversed…
Class Action Defense Blog
Seventh Circuit Teaches Important Lesson On The “Rigorous Analysis” Required for Rule 23 Class Certification
By Gerald L. Maatman, Jr., Shaina Wolfe, and Aaron A. Bauer Duane Morris Takeaways: In Eddlemon v. Bradley University, No. 20-01264 (7th Cir. Apr. 12, 2023), the U.S. Court of…
Inside Class Actions
D.D.C.’s Application of <em>TransUnion </em>Echoes the Importance of Actual Injury to Class Certification
In Attias v. CareFirst, Inc., 15-cv-00882-CRC (D.D.C. Mar. 28, 2023), the court’s application of TransUnion v. Ramirez, 141 S. Ct. 2190 (2021), reinforced that inclusion of uninjured class members…
Class Action Countermeasures
Ninth Circuit Vacates District Court’s Order of Class Certification
By Trent Taylor, Bryan A. Fratkin, Andrew Gann, Sapir C. Shoshan
On March 13, 2023, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s order of class certification in Van v. LLR, Inc. under Rule 23(f). This…
Inside Class Actions
Eleventh Circuit to Reconsider Standing Decisions
The Eleventh Circuit is poised to reconsider recent standing decisions favorable for defendants seeking to invoke Article III’s standing requirements to defeat class certification. At issue is the Eleventh Circuit’s…
Inside Class Actions
Losing Less than a Penny Suffices for Standing for Class Certification, the Ninth Circuit Rules
The Ninth Circuit recently held that a class could be certified with class members who lost less than a penny of interest. But it also held that where some class…
Inside Class Actions
New York Court Denies Class Certification in Copyright Infringement Action
A group of musicians has lost its bid in Waite v. UMG Recordings, No. 1:19-cv-01091-LAK (S.D.N.Y. 2019), to assert copyright infringement claims on a classwide basis against the record labels…
Class Action Countermeasures
Fifth Circuit Reverses ADA Class Certification Because the Class is Not Ascertainable
By Bryan A. Fratkin, Andrew Gann, Sapir C. Shoshan
On January 20, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s decision to certify a class under Title II of the Americans With Disabilities…
Canadian Labour and Employment Law
ABCA Contemplates Enhanced Gatekeeping in Employee Compensation Class Action Certification
By Dave Bushuev
Special thanks to Brendan O'Grady (a senior associate in our Litigation & Government Enforcement Practice Group) and Anton Rizor (articling student in our Toronto office) for co-authoring this blog. In…