Topic
class certification
957 published works
Class Action Lawsuit Defense
The Sixth Circuit Expands American Pipe Tolling
On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny…
Business and Commercial
One To Watch: The House Judiciary Committee Signs Off On Fairness In Class Action Litigation Act
By Matthew J. Gagnon and Gerald L. Maatman, Jr. We have something a bit different for our loyal blog readers today: a preview of an important bill that could have…
Wage & Hour Litigation Blog
Appellate Court Delivers for FedEx—Second Class Cert Denial Affirmed by Ninth Circuit
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Catherine M. Dacre, Tamara Fisher, and Simon L. Yang When an employer has a denial of class certification remanded by an appellate court, it has a reason to…
Antitrust Alert
Court Declines To Certify Damages Class in Baseball Blackout Suit
On May 14, 2015, the Southern District of New York issued two opinions in Laumann v. Nat’l Hockey League, No. 12-cv-1817, excluding plaintiffs’ damages expert under Daubert and denying plaintiffs’…
CAFA Law Blog
Parties Ordered to Show Cause Why Suit Should Not Be Remanded, Despite Stipulation that the Action Satisfied CAFA Requirements
Carroll v. Lowes Home Centers, Inc., 2014 WL 1928669 (S.D. Fla. May 6, 2014). A district court in Florida found that it lacked subject matter jurisdiction over the action after…
Class Defense Blog
Supreme Court to Revisit Class-Certification Standards in Tyson Foods, Inc. v. Bouaphakeo
By Tim Bishop, Archis A. Parasharami, Chad Clamage
Today, the Supreme Court granted review in what may be a major decision on the standards for class certification, Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. Under Federal Rule of…
Labor & Employment Insights
Fourth Circuit Orders Class Certification for African-American Steelworkers—Again
For the second time, the Fourth Circuit has determined that African-American employees at a South Carolina steel plant are entitled to Rule 23 class certification. In Brown v. Nucor Corporation…
Wage & Hour Litigation Blog
No Wishes Granted for Aladdin—Class Cert Denied
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Coby M. Turner and Adam J. Vergne In the Central District of California—often known as a magical kingdom for plaintiffs in wage-hour lawsuits—Judge Fernando Olguin brought everyone back…
Technology and AI
<em>Baker v. Microsoft Corporation</em> Revisited: Microsoft Seeks to Stop Class Action Plaintiffs From Shortcutting the Appeals Process
July 21, 2015 Update: On July 20, 2015, the Ninth Circuit Court of Appeals denied Microsoft’s petition for rehearing en banc and amended its March 18, 2015, opinion to add…
Class Action Lawsuit Defense
Third Circuit Clarifies Standard for Ascertainability
In a recent ruling vacating denial of class certification, the Third Circuit provided guidance on the scope of the implied “ascertainability” requirement under Rule 23. Byrd v. Aaron’s, Inc., 2015…