Topic
class certification
957 published works
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…
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…
Wage & Hour - Developments & Highlights
Decertification of a Class and Rejection of Another Class in the Same Case: The Daily Double!
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…
Employment Class and Collective Action Update
Ninth Circuit Permits Use of “Inadmissible” Expert Testimony for Class Certification Purposes
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…
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…
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…
California Workplace Law Blog
To Successfully Oppose Class Certification, You Have To Do The <em>CSI</em>
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…
Drug & Device Law
Uninjured Class Members Means No Class Certification
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…
Class Actions Insider
Class Certification Improper Where 10% of Class Members Uninjured, Explains the First Circuit
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…
Wage & Hour - Developments & Highlights
Second Circuit’s Review of Position Description Determines Outcome in FLSA Outside Sales Class Action
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…