Topic
class certification
957 published works
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…
The D&O Diary
Supreme Court Vacates Class Certification in Goldman Sachs Securities Suit on Narrow Grounds
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…
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”…
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…
Employment & Labor
New York Federal Court Denies Class Certification To Employees Of The Fire Department Of New York
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…
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…
Corporate & Securities Law Blog
Eighth Circuit Holds Rule 23(b)(3)’s Predominance Requirement Not Met in Securities Fraud Action Against Brokerage Firm
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…
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
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…
Wage & Hour - Developments & Highlights
Inadequacy Of Class Counsel Undermines Certified Class: Defense Counsel Must Always Be Looking For A Way Out
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…
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,…