Topic
class certification
957 published works
The CLS Blue Sky Blog
Weil Gotshal Discusses Supreme Court’s Upcoming Class Certification Case
By Joseph S. Allerhand, Stacy Nettleton, Joshua M. Glasser
On Friday night, December 11, 2020, tucked below its order denying Texas’s bid to overturn the results of the Presidential election, the U.S. Supreme Court agreed to review what petitioners…
The D&O Diary
U.S. Supreme Court Agrees to Take Up Securities Suit Class Certification Issues
In the same December 11, 2020 Order in which it rejected the bid by the Texas Attorney General to overturn the results of the 2020 Presidential election, the U.S. Supreme…
Wage & Hour Litigation Blog
Do Improper Overtime Pay Calculations Automatically Equal Class Certification? Don’t Bank On It, Says The Ninth Circuit
By: Michael Afar Seyfarth Synopsis: Calculating the correct “regular rate of pay” for overtime hours under California law, in order to properly factor in certain types of bonuses, can give…
Class Action & Mass Torts
Class Certification Denied In Bus Company Discrimination Suit
By Gerald L. Maatman and Michael L. DeMarino Seyfarth Synopsis: The U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), still lords over employment discrimination…
Business and Commercial
Another Federal Court Suggests That, To Meet Adequacy Requirements, Class Counsel Should Reflect The Diversity Of The Putative Class
By Jennifer A. Riley, Christina M. Janice, and Alex Oxyer Seyfarth Synopsis: On July 14, 2020, Judge James Donato of the U.S. District Court for the Northern District of California…
Consumer Products Counselor
Strategies for Defending Issue Class Actions
By Sylvia E. Simson, Elizabeth J. Sullivan
Historically, plaintiffs seeking monetary damages and wishing to pursue their case as a class action have sought certification under Federal Rule of Civil Procedure 23(b)(3), but this has become increasingly…
Employment Class Action Blog
Illinois District Court Denies Certification of Discrimination Action Due to Problematic Class Representatives
By Greg Mersol
A key premise of a class action is that a court can, in essence, review the merits of the class representative’s claims and apply the result of that review across the class…
Consumer Class Defense Counsel
California’s Ascertainability Requirement Following Noel v. Thrifty Payless, Inc.
On May 29, 2020, the Fifth Appellate District of the California Court of Appeal issued an unpublished opinion discussing the state court ascertainability requirement for class certification in Manmohan Dhillon…
Antitrust Alert
Third Circuit: “Rigorous Analysis” Required for Class Certification in Antitrust Cases
By Nicole Castle, Stefan M. Meisner, Stephen Wu, Lisa P. Rumin
The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was…
Health Care and Life Sciences
Arizona Federal Court Recommends Class Certification On The Basis Of Demographic Studies
By Gerald L. Maatman, Jr., Alex S. Oxyer, and Paul M. Waldera Seyfarth Synopsis: In Toomey v. Arizona, No. 19-CV-0035, 2020 WL 2465707 (D. Ariz. May 12, 2020), a Magistrate…