Topic
class certification
957 published works
RopesDataPhiles
Supreme Court Hears Arguments on FCRA Class Certification
The Supreme Court heard arguments Tuesday morning, March 30, regarding class certification related to Article III standing in TransUnion v. Ramirez, where only 25% of a certified class suffered injury. …
Class Action Countermeasures
Sixth Circuit Holds Class Certification Evidence Does Not Have to be Admissible
By Andrew Gann, Trent Taylor, Frank Talbott V
The Sixth Circuit Court of Appeals’ recent opinion in Lyngaas v. Curaden AG (“Lyngaas”), has important implications for federal class actions regarding personal jurisdiction and the use of non-admissible evidence…
Minding Your Business
Circuit Split Deepens as Eleventh Circuit Holds Administrative Feasibility is Not a Requirement for Class Certification
By Antonieta (Tonie) Pimienta Lefebvre
On February 2, 2021, the Eleventh Circuit reversed the district court’s denial of class certification for failure to prove an administratively feasible method to identify absent class members. The Eleventh…
Hunton Employment & Labor Perspectives
Seventh Circuit Decertifies Ambient Sexual Harassment Class of Plaintiffs
By Daniel J. Butler, Ryan A. Glasgow
The Seventh Circuit Court of Appeals recently decertified a class of female correctional facility employees who alleged gender discrimination based, in part, on a theory of “ambient” harassment. The opinion…
@theBar
A Potential New Way to Defeat Class Certification: The 7th Circuit’s Most Recent Decision
Post Authored By: Yara Mruoeh A proponent of class certification must first demonstrate the four requirements of Rule 23(a), and then at least one of the requirements of Rule 23(b).…
Declassified
Setting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class Certification
In a decision that narrows the path to class certification in federal court, the Fifth Circuit has held that a plaintiff must clear the Daubert hurdle when expert evidence is…
Consumer Finance Monitor
Eleventh Circuit Rejects Administrative Feasibility as a Prerequisite for Class Certification
The Eleventh Circuit has joined the Second, Sixth, Seventh, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite for class certification. The decision reverses unpublished Eleventh Circuit authority…
Consumer Class Defense Counsel
Seventh Circuit Takes “Practical” Approach to Rule 23(a) Numerosity
By Daniel A. Kaplan, Andrew C. Gresik
Rule 23(a) numerosity is one of the less frequently litigated class certification requirements, which makes the U.S. Court of Appeals for the Seventh Circuit’s recent decision in Anderson v. Weinert…
Class Action Countermeasures
Eleventh Circuit Deepens Circuit Split on Administrative Feasibility
By Trent Taylor, Andrew Gann, Frank Talbott V
Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite to certification under Rule 23, deepening a split with…
Southeast Financial Litigation Monitor
Eleventh Circuit Reverses Course on Ascertainability Standard in Class Actions; Turns Tide in Plaintiffs’ Favor
This Tuesday, the United States Court of Appeals for the Eleventh Circuit reversed course on an emerging trend of case law concerning the ascertainability standard for class actions under Fed.…