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class certification

957 published works

  1. Class Actions Insider

    Fifth Circuit Upholds Striking of Class Allegations Based on Differences in State Law and Multiple Alleged Misrepresentations

    By Wystan Ackerman

    One of the first significant class certification-related decisions of 2023 comes from the Fifth Circuit. While some trial courts hesitate to strike class action allegations on the pleadings, the district…

  2. The D&O Diary

    Guest Post: Price Impact, the Speed of Information, and Securities Class Certification

    By Kevin LaCroix

    [caption id="attachment_23858" align="alignleft" width="212"] Matthew L. Mustokoff[/caption] [caption id="attachment_23859" align="alignleft" width="212"] Margaret E. Mazzeo[/caption] Since the U.S. Supreme Court’s 2014 decision in Halliburton II, the lower courts have wrestled with…

  3. EHS Law Insights

    Sixth Circuit’s Interlocutory Order Reviewing PFAS Class Action Highlights Issues With Certifying Class

    By Jennifer A. Smokelin, Shannon McClure, Casey J. Snyder

    The Sixth Circuit issued an order on September 9, 2022 granting review of a class certification from March 7, 2022 that certified a class of roughly 11.8 million Ohio residents…

  4. Inside Class Actions

    Post-Litigation Refund Check Does Not Moot Class Representative’s Damages Claim, but It Does Defeat Class Certification

    By Andrew Soukup, Sonya Winner

    When a class action is filed, defendants often wonder whether tendering a payment to a class representative can defeat the claims.  In a recent decision, the Third Circuit held that…

  5. Class Action Countermeasures

    Fifth Circuit Sua Sponte Vacates Class-Certification Order for Lack of Standing

    By Trent Taylor, Bryan A. Fratkin, Andrew Gann, Mitch Diles

    On August 15, 2022, the U.S. Court of Appeals for the Fifth Circuit vacated a class-certification order on a Rule 23(f) appeal after sua sponte holding that the named plaintiff…

  6. Class Actions Insider

    Ninth Circuit Reverses Class Certification Order Because Liability Issues, Not Merely Damages, Were Individualized

    By Wystan Ackerman

    The Ninth Circuit recently addressed an issue that tends to arise frequently in class certification motion practice: how trial courts should apply the predominance requirement where appellate decisions have said…

  7. Class Actions Insider

    Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class Certification Decisions

    By Wystan Ackerman

    I used to say that denials of class certification on numerosity grounds were rare and that usually it was futile to oppose class certification on that ground. That’s becoming less…

  8. Inside Class Actions

    Third Circuit Refuses to Accept Inferences to Support Findings of Numerosity and Commonality

    By Amy Heath, Sonya Winner

    The Third Circuit’s recent decision in Allen v. Ollie’s Bargain Outlet, Inc., --- F.4th ----, 2022 WL 2284654 (3d Cir. 2022), gave close scrutiny to two elements of the class…

  9. Data Counsel

    DSIR Deeper Dive: Class Certification Jurisprudence

    By Melissa Bilancini

    Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense. However,…

  10. Inside Class Actions

    Sixth Circuit Adds Teeth to Rule 23’s Ascertainability Requirement

    By Jeffrey Huberman

    The Sixth Circuit recently made it more difficult for plaintiffs to certify a class where individualized inquiries are needed to identify class members.  In Tarrify Properties LLC v. Cuyahoga County…