Topic
class certification
957 published works
Ad Law Access
Understanding “Ascertainability” in Class Actions Now that the Second Circuit Has Said “No” To It.
By Kelley Drye
On Friday, the Second Circuit Court of Appeals’ decision in In re Petrobras Securities refused to adopt what it called a “’heightened’ two-part ascertainability test in class action cases. The…
California Employment Law Update
Trial Court Erred By Failing To Certify Class Action For Unpaid Rest Periods
By Tony Oncidi
Bartoni v. American Med. Response W., 11 Cal. App. 5th 1084 (2017) Current and former employees of an ambulance service company sued their employer for unpaid meal and rest periods.…
Minding Your Business
The Supreme Court Says “Game Over” to Crafty Gamers’ Attempt to Circumvent Class Certification Appeals
The Xbox 360 is designed for gaming. Appellate litigation, gamers learned, is not. On behalf of a putative class of purchasers of the Xbox 360, a group of gamers brought…
Civil Procedure & Federal Courts Blog
Second Circuit Decision on Class Actions
Today the U.S. Court of Appeals for the Second Circuit issued its decision in In re Petrobras Securities. Among other things, the panel’s opinion addresses the role of “ascertainability” for…
AdLaw By Request®
Caffeine Crash: Court Denies Class Certification for Consumers Contesting Caffeine Content
By Avery Normyle, Michael E. Strauss
A United States district court recently tossed a certification bid by a putative class of consumers who alleged that popular energy-shot, 5-Hour Energy, deceptively marketed its effectiveness. The action arises…
Class Action Countermeasures
Supreme Court Says No to Appellate Gamesmanship
Washington, DC-based litigator James Freije brings us an analysis of the Supreme Court's latest class certification decision. Resolving a current split amongst multiple federal circuits, the United States Supreme Court…
Class Action & Mass Torts
Class Action Plaintiffs In The Ninth Circuit Can No Longer Obtain Immediate Appellate Review Of Orders Denying Class Certification
By Jay Ramsey
The U.S. Supreme Court has closed a loophole that class action plaintiffs in the Ninth Circuit had been exploiting to obtain immediate appellate review of a district court’s denial of…
Class Actions Insider
Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got…
Antitrust Advocate
Hospital Seeks Second Opinion on Certifying Class with Uninjured Members
By Danyll Foix
Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient…
Employment Class and Collective Action Update
Supreme Court: Plaintiffs May Not Voluntarily Dismiss Case to Appeal Class Certification Decision
By Stephanie L. Adler-Paindiris, William J. Anthony, Jackson Lewis P.C.
Plaintiffs may not voluntarily dismiss their class action claims upon receiving an adverse class certification decision and subsequently invoke 28 U.S.C. § 1291, the general rule that appeals can be…