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class certification

957 published works

  1. Class Action Lawsuit Defense

    Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel

    By BakerHostetler

    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…

  2. Class Action & Mass Torts

    The Story Behind Class Certification Statistics In 2016 And What It Means For Employers

    By Seyfarth Shaw LLP

    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.…

  3. Class Action Lawsuit Defense

    A Look at Potential Supreme Court Nominees’ Class Action Decisions

    By Andrew Samuels

    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…

  4. Employment Class and Collective Action Update

    The Impermissible “Fail-Safe” Class under Federal Rule of Civil Procedure 23

    By Jackson Lewis P.C.

    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”). …

  5. Minding Your Business

    Case Halted: California Court Denies Class Certification in Ford Defective Steering Case

    By Jacquelyn Crawley

    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…

  6. Minding Your Business

    A Bogosian Shortcut Through the Mushroom Patch – The Latest Chapter of a Fairytale Doctrine

    By Scott M. Abeles

    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 –…

  7. Class Action Lawsuit Defense

    “Administrative Feasibility” Rejected in the Ninth Circuit

    By Rand L. McClellan

    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…

  8. 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.…

  9. 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…

  10. Class Action Countermeasures

    Tyson Foods and Statistical Adjudication

    By McGuireWoods LLP

    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…