Topic
class certification
957 published works
Class Action Countermeasures
Class Untethered: Court Strikes Class Allegations on Pleadings due to Insufficient Predominance Allegations
By Alexander Madrid, Allison L. Ebeck
When and how can a defendant in a putative class action defeat a proposed class? Defendants served with class action complaints frequently struggle with this question. Typically, defendants wait until…
Minding Your Business
Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way
By David Munkittrick, Owen Masters, Colin Kass
Plaintiffs often try to define the broadest possible class at the outset of a case on the belief that the scope of the class can be refined on class certification…
Your ERISA Watch
Court Holds that Detrimental Reliance Is Not Needed for Class-Wide Relief and Certifies ESOP Class
Good morning, ERISA Watchers! Now that USA has just won its fourth FIFA Women’s World Cup title, I’m bringing you more good news in this week’s notable decision: Cunningham, et…
Hunton Employment & Labor Perspectives
Ninth Circuit Holds That Inadmissible Evidence Can Be Used to Support Employees’ Motions for Class Certification
By J. Drei Munar, M. Brett Burns
In Corona Regional Medical Center v. Sali, No. 18-1262 (May 3, 2019), the Supreme Court recently dismissed a petition for a writ of certiorari that would have resolved a circuit…
Consumer Class Defense Counsel
En Banc Ninth Circuit Clarifies That Settlement Classes Are Not Held to Same Standard as Litigated Classes
By Michael D. Leffel Jonathan W. Garlough, Jaikaran Singh
Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that…
Cleary Antitrust Watch
Gutmann v First MTR South Western Trains and Another; Gutmann v London & South Eastern Railway.
On 4 June 2019, the CAT refused an application by two train operators to stay class certification proceedings against them pending the Supreme Court’s decision whether to grant permission to…
SALT Shaker
School During Summer: Florida District Court of Appeal holds Class of “Every Current and Future” Member cannot be Certified.
By Chelsea Marmor, Charlie Kearns
The Florida District Court of Appeal reversed the trial court’s certification of a class in a sales tax refund claim because the class was not “ascertainable.” Plaintiff filed suit against…
Law and the Workplace
Northern District of New York Denies Class Certification and Decertifies Collective, Confirming Common Answers Not Common Questions Are Required
By Nicole Eichberger, Samantha Shear
On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and predominance under Fed. R. Civ.…
Proskauer on Class and Collective Actions
United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement
By Elise M. Bloom, Hayley H. Fritchie, Noa Baddish
In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) precludes a court from compelling…
Drug & Device Law
Guest Post: When Is A Deadline Really The Deadline? – Class Certification, Motions to Reconsider, and Appeals Under Federal Rule 23(f)
By Bexis
Today's guest post by Reed Smith associate Tim Carwinski addresses the broader possible ramifications of a recent Supreme Court decision, Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019). This…