Topic
class certification
957 published works
ERISA Litigation Advisor
District Court of Connecticut Grants Certification of Class of More Than 11,000, But Only for Retrospective Relief
Four former employees of Eversource Energy Company recently obtained partial class certification of their claims. However, the District of Connecticut ruled that because the named plaintiffs are all former participants…
Inside Class Actions
Consumer Survey Did Not Constitute Common Proof of Deception or Materiality
By Ashley Simonsen, Cort Lannin
The Southern District of California recently declined to certify a class based on plaintiffs’ failure to offer class wide proof of deception and materiality. In Gross et al. v. Vilore…
Canadian Lawyer Mag
Class-actions report shows courts’ evolving view on certification, multijurisdictional cooperation
Lawyers and judges working to improve multijurisdictional class actions: report
Inside Class Actions
Must Defendants Prove Some Class Claims are Subject to an Affirmative Defense Undermining Predominance? The Seventh Circuit Says No.
The Seventh Circuit recently shed light on what defendants need not do when invoking an affirmative defense that the defendant contends undermines predominance: establish that the affirmative defense would, on…
Class Actions Insider
Seventh Circuit: Defendants Need Not Prove Merits of Defenses to Defeat Class Certification
A recent Seventh Circuit decision makes an important point about how the principle that a court generally need not resolve the merits to decide class certification is bilateral – it…
Who Is My Employee?
Long Songs: After 12 Years, Court Certifies Class in Independent Contractor Misclassification Dispute
I like long songs. For the last several weeks, I have been starting my workday with the Pink Floyd album Atom Heart Mother on my headphones. The opening track is…
Class Action Countermeasures
Northern District of Ohio Holds Expert Evidence Must Be Admissible to Be Considered at Class Certification
By Alexander Madrid, Allison L. Ebeck, Chelsey Dawson Klein
As we touched on last summer,[1] whether a district court may certify a class action without resolving challenges to the admissibility of fact or expert evidence is still an unsettled…
Health Law Prof Blog
The Commonality of Difference: A Framework for Obtaining Class Certification in ADA Cases after Wal-Mart
Steven J. Schwartz (Center for Public Representation), Kathryn Rucker (Center for Public Representation), The Commonality of Difference: A Framework for Obtaining Class Certification in ADA Cases after Wal-Mart, 71 Syracuse…
The IP Law Blog
Copyright Infringement and Class Certification Issues
Greg Kihn is a musician best known for his 1983 hit song, “Jeopardy.” In 2017, he (and his publishing company) filed suit against Bill Graham Archives, LLC, which did business…
Inside Class Actions
Divided Fifth Circuit Panels Expand Procedural Protections Available to Defendants in Rule 23(f) Appeals
The Fifth Circuit issued two separate opinions deciding procedural issues related to Rule 23(f) appeals of class certification that provide additional protections for defendants. In Earl v. Boeing Co., -- F.4th…