Topic
class certification
957 published works
Class Actions Insider
Fifth Circuit Upholds Striking of Class Allegations Based on Differences in State Law and Multiple Alleged Misrepresentations
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…
The D&O Diary
Guest Post: Price Impact, the Speed of Information, and Securities Class Certification
[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…
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…
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…
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…
Class Actions Insider
Ninth Circuit Reverses Class Certification Order Because Liability Issues, Not Merely Damages, Were Individualized
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…
Class Actions Insider
Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class Certification Decisions
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…
Inside Class Actions
Third Circuit Refuses to Accept Inferences to Support Findings of Numerosity and Commonality
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…
Data Counsel
DSIR Deeper Dive: Class Certification Jurisprudence
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,…
Inside Class Actions
Sixth Circuit Adds Teeth to Rule 23’s Ascertainability Requirement
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…