Topic
class certification
957 published works
Class Action Lawsuit Defense
Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel
Fed. R. Civ. P. 23(a)(4) requires that the representative parties – the class representatives and their counsel – will adequately protect the interest of the class. Relatively few class-action decisions…
Class Action & Mass Torts
The Story Behind Class Certification Statistics In 2016 And What It Means For Employers
In the third post of our series on workplace class action issues, this blog posting focuses on the statistical study of class certification rulings throughout the Unites States in 2016.…
Class Action Lawsuit Defense
A Look at Potential Supreme Court Nominees’ Class Action Decisions
Tonight, President Donald Trump is expected to nominate one of three federal appellate judges to the Supreme Court: Judge William Pryor of the Eleventh Circuit, Judge Neil Gorsuch of the…
Employment Class and Collective Action Update
The Impermissible “Fail-Safe” Class under Federal Rule of Civil Procedure 23
The Supreme Court, in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), set a high standard for class certification under Federal Rule of Civil Procedure 23 (“Rule 23”). …
Minding Your Business
Case Halted: California Court Denies Class Certification in Ford Defective Steering Case
On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford…
Minding Your Business
A Bogosian Shortcut Through the Mushroom Patch – The Latest Chapter of a Fairytale Doctrine
Few cases in the antitrust canon have been invoked more frequently, for the wrong reasons, than the Third Circuit’s 1977 decision in Bogosian v. Gulf Oil. For four decades now –…
Class Action Lawsuit Defense
“Administrative Feasibility” Rejected in the Ninth Circuit
On Jan. 3, in Briseno v. Conagra Foods, Inc., Case No. 15-55727, the Ninth Circuit Court of Appeals held that Fed. R. Civ. P. 23 does not require class representatives…
Class Defense Blog
Ninth Circuit rejects meaningful ascertainability requirement for class certification, cementing deep circuit split
By Archis A. Parasharami, Daniel Jones, Adam Hudes
Can you have a class action if class members can’t reliably be found? That question is at the heart of the debate over ascertainability—one that has divided the federal courts.…
Ad Law Access
The Ninth Circuit’s Briseno Decision Is Not As Bad As It Looks for Consumer Class Action Defendants
By Kelley Drye
The Ninth Circuit’s decision this week in Briseno v. ConAgra Foods, Inc., No. 15-55727, refused to engraft an “administrative feasibility” requirement to Federal Rule of Civil Procedure 23’s prerequisites for…
Class Action Countermeasures
Tyson Foods and Statistical Adjudication
This past Supreme Court Term included several closely-watched cases. One of the most studied was Tyson Foods v. Bouaphakeo, in which the Court identified at least one area of class action…