Topic
class certification
957 published works
Class Action Countermeasures
Supreme Court Asked to Clarify that Class Certification Evidence Must Be Admissible
Below, Chicago partner Michael R. Phillips shares his thoughts on a petition for certiorari that could have a big impact on the evidentiary standards applied to plaintiffs pursuing class certification.…
Declassified
Must Class Counsel’s “Proof” that Rule 23 Is Met Satisfy the Rules of Evidence?
By Michael R. Pennington, Scott Burnett Smith
All class-action practitioners understand the importance of a court’s decision to certify a class—the pivotal point at which a putative class action can transform into a reality, promising vast settlement…
Class Action & Mass Torts
Ninth Circuit Splits From Other Circuits, Rules That 14-Day Deadline To Appeal Class Certification Order May Be Tolled by Motion for Reconsideration Filed After Deadline
By Elliott Joh
As regular class action litigators are aware, Rule 23(f) provides a potential safety valve in case of an adverse class certification order: within 14 days, a party may file a…
Drug & Device Law
Medical Monitoring Class Certification Fails
Normally, when we think of decisions relating to medical monitoring, the issue is whether a state will recognize medical monitoring for uninjured people as a separate claim or relief…
NY Courts & The Fair Labor Standards Act
Southern District Declines to Consider Declarations Proffered by Employer in Granting Rule 23 Class Certification Of NYLL Claims
By Brian Murphy
In Benavides v. Serenity Spa NY, Inc., the Court granted the plaintiffs’ motion for class certification of their minimum wage and overtime claims under the New York Labor Law (“NYLL”).…
The Contingency
Pharma Buyers Too Few for Class
U.S. District Judge Mitchell S. Goldberg ruled on August 28, 2017 that a class of 24 to 25 direct purchasers did not satisfy the "numerosity" requirement of Rule 23(a)(1) for…
Ad Law Access
Third Circuit Steps Back from the Brink of a Circuit Split over “Ascertainability”
By Kelley Drye
Yesterday, a panel of the Third Circuit Court of Appeals took another step back from a circuit split over the extent to which aspiring class plaintiffs must show a “reliable…
Class Action Lawsuit Defense
Carter v. The Dial Corporation: The First Circuit Washes Its Hands of Clarifying Ascertainability in Class Actions
We previously wrote about the split among the circuit courts of appeal over the ascertainability requirement for class certification and whether self-identifying consumer affidavits—e.g., an affidavit in which a consumer…
Class Action Lawsuit Defense
Game Over: Supreme Court Unanimously Rejects Xbox Plaintiffs’ Attempt to Create Appellate Review
In April, we reported on the oral argument in Microsoft Corp. v. Baker, a Supreme Court case addressing whether putative class members may obtain appellate review of orders denying class…
Employment & Labor
Cutting Class: Teachers’ Motion For Class Certification Denied In Race Discrimination Class Action
By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: Four African-American teachers alleged that their school district employer discriminated against them on the basis of race by failing…