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class certification

957 published works

  1. Class Action Countermeasures

    A New Avenue for Defendants in Securities Fraud Class Actions: Supreme Court Holds “Generic” Nature of Statements Is “Important Evidence” of Price Impact at Class Certification

    By Alexander Madrid, Molly M. White, Garrett Hooe

    Monday, the Supreme Court issued its highly anticipated ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, holding that the generic nature of an alleged misrepresentation may be…

  2. The D&O Diary

    Supreme Court Vacates Class Certification in Goldman Sachs Securities Suit on Narrow Grounds

    By Kevin LaCroix

    When the U.S. Supreme Court granted the petition for a writ of certiorari to take up class certification questions raised in the long-running Goldman Sachs securities class action lawsuit, some…

  3. Product Liability & Mass Torts Blog

    The Eleventh Circuit Joins the Majority in Rejecting a Heightened Ascertainability Requirement for Class Actions

    By James Cromley, Aphrodite Kokolis

    On February 2, 2021, the Eleventh Circuit weighed in on the “ascertainability” debate raging in the federal courts – specifically, whether plaintiffs must show that it would be “administratively feasible”…

  4. ERISA Litigation Advisor

    Third Circuit to Consider Class Certification Issues Percolating in ERISA Fee Litigation

    By Stacey C.S. Cerrone, Lindsey H. Chopin

    The Third Circuit will review a Pennsylvania district court’s decision to certify a 60,000+ person class in an ERISA fiduciary breach lawsuit claiming mismanagement of a defined contribution plan’s investments…

  5. Employment & Labor

    New York Federal Court Denies Class Certification To Employees Of The Fire Department Of New York

    By Seyfarth Shaw LLP

    By Gerald L. Maatman, Jr., Alex S. Oxyer, and Lisa L. Savadjian Seyfarth Synopsis: In Richardson v. City of New York, No. 17 Civ. 9447, 2021 WL 1910689 (S.D.N.Y. May…

  6. Employment Class Action Blog

    California Court Affirms Value of Employee Time Punches in Defeating Class Certification

    By Joseph S. Persoff, Vartan Madoyan

    UPDATE: On August 11, 2021, the California Supreme Court de-published its decision in Salazar v. See’s Candy Shops Inc., the subject matter of this blog. As a result of the…

  7. Corporate & Securities Law Blog

    Eighth Circuit Holds Rule 23(b)(3)’s Predominance Requirement Not Met in Securities Fraud Action Against Brokerage Firm

    By John Landry, David Berger

    In Ford v. TD Ameritrade Holding Corp., 2021 U.S. App. LEXIS 12008 (8th Cir. Apr. 23, 2021), the United States Court of Appeals for the Eighth Circuit reversed a district…

  8. Consumer Class Defense Counsel

    Sixth Circuit Holds Non-Expert Evidence Need Not Be Admissible to Support Class Certification, but Approves Stringent Claim Process That Aids Defendants

    By Irina N. Kashcheyeva

    At Class Certification Stage, Non-Expert Evidence Must Be Reliable, but Not Necessarily Admissible: As the Supreme Court explained 40 years ago in General Telephone Co. of Southwest v. Falcon, 457…

  9. Wage & Hour - Developments & Highlights

    Inadequacy Of Class Counsel Undermines Certified Class: Defense Counsel Must Always Be Looking For A Way Out

    By Fox Rothschild LLP

    I read an interesting article in the Morrison & Foerster blog the other day about a case where a class was de-certified because it appeared there was a problem with…

  10. EvidenceProf Blog

    Sixth Circuit Finds a Class Can be Certified Based Solely on Inadmissible Evidence

    By Colin Miller

    Plaintiffs seeking to bring a class action must receive class certification. For example, Lyngaas v. Ag, 2021 WL 1115870 (6th Cir. 2021),involve[d] two unsolicited fax advertisements received by Brian Lyngaas,…