Topic
class certification
957 published works
Drug & Device Law
S.D. Cal. Shows No Love for Aphrodisiac Class Certification
A class action claiming that a diet supplement was falsely advertised as being an aphrodisiac cries out for bad jokes and silly puns. Are we above all that? Er... sure. …
Class Action Lawsuit Defense
District Court Adopts “Weak” Test of Ascertainability, Certifies Class of Corn Producers in Suit Against Syngenta over Commercialization of Genetically Modified Corn Seed Products
A District Court in Kansas added to an increasing debate in the federal courts over class ascertainability when it certified a class of 440,000 U.S. corn producers in a suit…
Employment Class and Collective Action Update
Think A Class Is Certified? Not So Fast…. Second Circuit Affirms Decertification of Class Even After Jury Verdict, Overturning Jury Award
By Michael J. Kozimor, Jackson Lewis P.C.
The U.S. Court of Appeals for the Second Circuit recently held that district courts can decertify a class after a jury verdict but before entry of final judgment. In Mazzei…
Employment Class and Collective Action Update
Middle District of Florida Finds Certification of FLSA Collective Action and Rule 23 Class Action Claims To Be Inconsistent
By Stephanie L. Adler-Paindiris
In a case for overtime compensation, the Middle District of Florida (Fort Myers Division) held that plaintiffs’ claims under the Fair Labor Standards Act (“FLSA”) and Federal Rule of Civil…
Class Action Countermeasures
Week in Review: Appellate Court Upholds Damages-Based Challenge to Predominance and More
This week’s recap examines a recent appellate ruling that provides a nice roadmap for arguing a plaintiff’s theory of damages cannot satisfy Rule 23’s predominance requirement, as well as another…
The Contingency
Three Reasons Class Actions Will Rebound, Part 2
We left off last Monday in the middle of something -- the Seventh Circuit's latest proof of its leadership in the law of class actions. My talk of the Seventh…
Employment Class Action Blog
Ninth Circuit Grants 23(f) Review of Denial of Class Certification for Inadequate Representation
By Greg Mersol
We’re all familiar with the basic requirements of Rule 23(a), with the focus most frequently on the issues of commonality and typicality under Rules 23(a)(2) and (3). Numerosity under Rule 23(a)(1)…
Class Action Lawsuit Defense
Second Circuit Confirms Ability of Defendants to Challenge and Defeat Class Certification Even After Loss in Jury Trial
By Danyll Foix
The Second Circuit’s recent post-trial decertification of the class in Mazzei v. The Money Store, et al. has garnered attention about decertification as a defense strategy. The decision confirms that…
Consumer products law blog
Second Circuit guts jury verdict with post-trial decertification
Given the low probability that a class action will go to trial and the high probability that a settlement favorable to plaintiffs and their attorneys will be reached after class…
Wage & Hour - Developments & Highlights
Hock Shop Employees Get Conditional Certification For One Group But Not For Another: An Interesting Twist
A group of hourly employees working for the pawnshop chain Gem Financial Services Inc. have been granted conditional certification in a Fair Labor Standards Act action; their allegation is (as…