Topic
class certification
957 published works
Class Action Lawsuit Defense
Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions
In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied…
Drug & Device Law
California Rejects Class Certification for Claims Alleging Misrepresentations and Deficient Warnings But No Method to Establish Damages
California rejected another attempt by the class action bar to extend the already questionable fraud-on-the-market theory from Basic v. Levinson, 485 U.S. 224 (1988), a securities class action, to what…
Class Actions Insider
Delay In Seeking Class Certification May Be Grounds For Denial Of Certification
A recent decision by a Florida appellate court highlights an important point that defendants can effectively raise in other jurisdictions as well – a named plaintiff’s failure to timely seek…
SDNY Blog
Judge Scheindlin Denies Class Certification Based On Ineffective Class Counsel
In an opinion yesterday, Judge Scheindlin denied class certification in a proposed class action accusing the New York City Housing Authority of systematically under-compensating employees based on their race. Among…
Mass Tort Defense
Cert Granted in Interesting Class Action Appeal
By Sean Wajert
The Supreme Court has granted cert in an important case raising the issue whether a federal court of appeals has jurisdiction under both Article III a
Sixth Circuit Appellate Blog
Sixth Circuit Decision in Class Certification Appeals
Because of the significant size of the jury verdicts or, more likely, the settlements of class actions, questions of class certification carry significant weight. However, it is not just monetary…
Antitrust Law Source
Can a class be certified if some members have no injury?
Our colleagues in the class action and product liability practice groups recently posted an article that should be of interest to our readers. The article discusses the court’s conundrum: Can…
Drug & Device Law
Definition of Insanity – Expecting Certification of a Personal Injury Class Action
By Bexis
Albert Einstein famously defined insanity as “doing the same thing over and over again and expecting different results.” We thought of that definition when we read Shepherd v. Vintage Pharmaceuticals, LLC, ___ F. Supp.3d…
California Employment Law Update
Trial Court Improperly Failed To Certify Class Action For Unpaid Overtime
By Tony Oncidi
Alberts v. Aurora Behavioral Health Care, 2015 WL 6121981 (Cal. Ct. App. 2015) Valerie Alberts and others, formerly employed as members of the nursing staff at two acute care psychiatric…
Class Defense Blog
Supreme Court Hears Argument in Tyson Foods v. Bouaphakeo—and a Blockbuster Class Certification Ruling Seems Less Likely
By Tim Bishop, Archis A. Parasharami, Adam Hudes
The Supreme Court on Tuesday heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, a case that has been closely watched for its potential to narrow the circumstances…