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class certification

957 published works

  1. 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…

  2. 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.…

  3. Minding Your Business

    The Supreme Court Says “Game Over” to Crafty Gamers’ Attempt to Circumvent Class Certification Appeals

    By Stephen R. Chuk

    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…

  4. Civil Procedure & Federal Courts Blog

    Second Circuit Decision on Class Actions

    By Adam Steinman

    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…

  5. 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…

  6. Class Action Countermeasures

    Supreme Court Says No to Appellate Gamesmanship

    By McGuireWoods LLP

    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…

  7. 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…

  8. Class Actions Insider

    Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification

    By Wystan Ackerman

    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…

  9. 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…

  10. 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…