Skip to main content

Topic

class certification

957 published works

  1. E2 Law Blog

    Florida Appellate Court Reverses Class Certification in Commercial Fishing Action Arising From a 65-Million-Gallon Process Water Release Into Tampa Bay

    By Christopher Torres, David B. Weinstein

    In the summer of 2004, during Hurricane Frances, an industrial facility released approximately 65 million gallons of process water into Tampa Bay. A group of commercial fishermen promptly filed a…

  2. Declassified

    First Circuit Restricts Class Certification of Classes Containing Uninjured Persons

    By Zachary A. Madonia, Michael R. Pennington

    In recent years, courts have reached divergent conclusions about the circumstances in which a damages class containing uninjured persons can be certified. Although there is some room to debate what…

  3. Wage & Hour - Developments & Highlights

    Decertification of a Class and Rejection of Another Class in the Same Case: The Daily Double!

    By Fox Rothschild LLP

    This is an interesting case because it combines the elements of necessary, but not proven, commonality of situation for class certification and a quirky element of overtime calculation based on…

  4. Employment Class and Collective Action Update

    Ninth Circuit Permits Use of “Inadmissible” Expert Testimony for Class Certification Purposes

    By Scott M. Pechaitis

    The U.S. Court of Appeals for the Ninth Circuit just denied a request to review en banc a panel ruling that authorizes trial courts to consider evidence that would be…

  5. Employment Class Action Blog

    Do Daubert standards apply at the certification stage? Ninth Circuit splits with itself

    By Greg Mersol

    It is fitting that the day after Halloween the Ninth Circuit issued its denial of rehearing en banc in Sali v. Corona Regional Medical Center, Case No. 15-56460, because the…

  6. Class Defense Blog

    First Circuit Reverses Class Certification Where Individualized Inquiries Would Be Required To Identify And Exclude Uninjured Class Members

    By Archis A. Parasharami, Daniel Jones, Adam Hudes

    Plaintiffs frequently seek to certify class actions where the proposed classes contain a significant number of uninjured persons.  The First Circuit recently reversed the certification of such a class in In…

  7. California Workplace Law Blog

    To Successfully Oppose Class Certification, You Have To Do The <em>CSI</em>

    By Joel P. Kelly

    Six years after the California Supreme Court’s landmark decision in Brinker v. Superior Court (2012) 53 Cal. 4th 1004, virtually every California employer understands the rules concerning an employer’s obligations…

  8. Drug & Device Law

    Uninjured Class Members Means No Class Certification

    By Steven Boranian

    What happens when you have a class action where some putative class members suffered an injury while others did not? Can such a proposed class even be certified? The answer…

  9. Class Actions Insider

    Class Certification Improper Where 10% of Class Members Uninjured, Explains the First Circuit

    By Wystan Ackerman

    The First Circuit recently addressed an issue of broad significance in class action law. It explained how a class cannot be certified when there are more than a small number…

  10. Wage & Hour - Developments & Highlights

    Second Circuit’s Review of Position Description Determines Outcome in FLSA Outside Sales Class Action

    By Fox Rothschild LLP

    This is an interesting case.  A class action that was denied certification, appealed to the Second Circuit, which reversed because the lower court did not properly interpret the job description…