Topic
class certification
957 published works
Employment & Labor
5 Top Trends In Workplace Class Action Litigation: Trend #2 Class Certification Trends
Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth’s 2022 Workplace Class Action Litigation Report, wage & hour litigation remained the sweet spot for the plaintiffs’…
Consumer Class Defense Counsel
Class Certification Analysis in a Cryptocurrency Case: Williams v. Kucoin
By Jaikaran Singh, Jennifer H. Wang
A recent class certification decision out of the Southern District of New York provides insights on how courts will analyze the requirements for class certification, at least at the initial…
Business Litigation Blog
Third Circuit Clarifies Standards for Issue-Class Certification under FRCP 23(c)(4)
In a recent published decision, the United States Court of Appeals for the Third Circuit clarified the standards that district courts must apply when certifying discrete issues–rather than an entire…
Inside Class Actions
Third Circuit Makes It More Difficult for Plaintiffs to Use Issue Classes to Avoid Predominance Problems
To circumvent predominance issues, plaintiffs sometimes will ask a court to certify an issue class under Rule 23(c)(4). The Third Circuit recently made it more difficult for plaintiffs to do…
Inside Class Actions
Third and Sixth Circuits Weigh in on Applicability of <i>American Pipe</i> Tolling Prior to Class Certification and Upon Dismissal
Under American Pipe and Construction Company v. Utah, the filing of a class complaint tolls the limitations period governing the individual claims of putative class members. 414 U.S. 538 (1974).…
Inside Class Actions
D.C. and Ninth Circuits to Decide If Evidence of Uninjured Absent Members Defeats Class Certification
Two federal appellate courts are set to address the circumstances under which a class that includes many uninjured class members may be certified. In the Ninth Circuit, the en banc…
Inside Class Actions
Ninth Circuit Permits Companies to File Early Motions to Defeat Class Certification If Most of the Class has Agreed to Arbitration
A company facing a putative class action from a plaintiff who has opted out of an arbitration agreement may still file an early motion to defeat class certification if the…
The CLS Blue Sky Blog
Gibson Dunn Offers 2021 Mid-Year Securities Litigation Update
By Monica K. Loseman, Craig Varnen, Jefferson E. Bell, Rachel N. Jackson, Alisha Siqueira
The torrid pace of new securities class action filings over the last several years slowed a bit in the first half of 2021, a period in which there have been…
Class Action Countermeasures
Courts’ Clashing Standards For Evidence At Class Cert.
By Alexander Madrid, Allison L. Ebeck, Chelsey Dawson Klein
The following article originally appeared on Law360 (Part 1 and Part 2). In the 2013 case Comcast Corp. v. Behrend,[1] the U.S. Supreme Court explained that a party seeking class certification must satisfy…
SEC Actions
Class Certification and the Burden of Persuasion
Class certification, which centers on the key element of reliance on the alleged misrepresentations, is often a critical question in securities class actions. While the burden of persuasion on the…