Topic
class certification
957 published works
Employment Class Action Blog
California District Court Denies Certification of Off-the-Clock Case
By Greg Mersol
We’ve commented in the past that off-the-clock cases can make poor candidates for class certification, particularly when the employer’s policies require that employees perform work only while clocked in. A…
Class Action & Mass Torts
5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019
Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of…
Employment Class Action Blog
California Court of Appeal Concludes Practice Is More Important Than Policy for Class Certification
A California Court of Appeal issued a Christmas Eve ruling setting out the significance of a written employment policy for class certification purposes. In Cacho v. Eurostar, Inc., the court held…
Employee Benefits Blog
Class Certification Denied in ERISA Health Coverage Lawsuit
By Richard J. Pearl, Elizabeth M. Rowe, J. Christian Nemeth
A federal district court denied class certification to health plan participants who claimed the plan promised them lifetime benefits. The court found too many individualized questions about what the plan…
Consumer Class Defense Counsel
D.C. Circuit Rejects Class Certification, But Avoids Joining Circuit Split Over Evidentiary Standards for Class Certification
The D.C. Circuit avoided taking a side in the widening circuit split over the evidentiary standards applicable to expert testimony at the class certification stage. In In re Rail Freight…
Drug & Device Law
ND Illinois Knocks Out Helmet Concussion Class Actions
The defense has done a good job of preventing class certification of drug and device mass torts. Individual issues of usage, causation, reliance, injury, etc. predominate over alleged common issues.…
Law and the Workplace
District of Massachusetts Grants Class Certification but denies Summary Judgment in Independent Contractor Misclassification Case
By Gillian Egan, Stacey Cerrone
On September 13, 2019, the U.S. District Court for the District of Massachusetts granted certification of a class of independent contractor drivers who delivered packages through Dynamex Operations East for…
New York Commercial Division Practice
A Film-Worthy Lesson on Class Certification
A class must satisfy the following prerequisites in order to be certified to proceed in the form of a class action: numerosity, commonality, typicality, adequacy and it must be demonstrated…
Employment Class Action Blog
Ohio Supreme Court Addresses Waiver of the Right to Arbitrate in the Putative Class Action Context
By John Lewis
In Gembarski v. PartsSource, Inc. (Slip Opinion No. 2019-Ohio-3231, decided Aug. 14, 2019), the Supreme Court of Ohio clarified the standards for waiver of the right to arbitrate in the…
Class Action & Mass Torts
The Supreme Court of Ohio Rules That Defendants Need Not Plead An Arbitration Defense To Defeat Class Certification
By Gerald L. Maatman, Jr., Michael L. DeMarino, and Andrew Cockroft Seyfarth Synopsis: Complex class actions often present a scenario in which some or most of the putative class members…