Topic
class certification
957 published works
Consumer products law blog
Plaintiffs’ energy zapped in Redline Xtreme lawsuit
A Florida federal judge refused to certify a nationwide class of purchasers of Redline Extreme Energy Drink stating that the class lacked ascertainability (a topic we have previously addressed on…
Employment & Labor
“Law of the Case” Sinks Class Certification Of Systemic Gender Discrimination Claims
By Gerald L. Maatman, Jr. and Gina R. Merrill In 2010, three women filed a class action suit against Goldman Sachs accusing it of gender bias and a “corporate culture”…
Class Action & Mass Torts
Second Circuit Overturns Rule 23 Class Certification As Individual Inquiries “Overwhelm” Class Issues
By Gerald L. Maatman Jr. and Howard M. Wexler On March 4, 2015, the U.S. Court of Appeals for the Second Circuit reversed a District Court’s decision to certify a…
Mass Tort Defense
Federal Court Denies Certification in Groundwater Class Case
By Sean Wajert
A federal judge in Oklahoma earlier this week denied class certification to homeowners living near a research facility, holding that individual issues
Consumer products law blog
California court creates split of authority for class action damages modeling in the same case
Class certification is a do or die moment for class action plaintiffs. Currently, a hotly contested issue at class certification is whether or not a plaintiff can propose a damages…
Class Action Countermeasures
Rule 23 Study Agenda – Ascertainability
By The Editors
The Subcommittee believes that drafting a formal ascertainability requirement is too difficult; it should try nonetheless. The final topic the Subcommittee has announced it will examine is the possibility of…
Drug & Device Law
Indigestion Inducing Treatment of Class Certification Requirements
Our occasional claims of dyspepsia may be attributed to various things. Professional witnesses offering personal opinions from the stand, juries deciding based on emotion and bias, plaintiff lawyers being sleazy, and judges writing…
Consumer products law blog
UPDATE: Ninth Circuit briefing in ConAgra ascertainability appeal complete
As we recently posted, the Ninth Circuit will finally tackle the circuit split on ascertainability, agreeing to hear the appeal of a class certification denial in the case Jones v.…
Class Action & Mass Torts
The Second Circuit Holds That Comcast Does Not Require Automatic Denial of Rule 23(b)(3) Class Certification in Cases Presenting Individualized Damages Issues
By John Landry
In Roach v. T.L. Cannon Corp., No. 13-3070-cv, 2015 WL 528125 (2d Cir. Feb. 10, 2015), the Second Circuit Court of Appeals held that Comcast Corp. v. Behrend, 133 S.…
Employment & Labor
The Second Circuit Holds That Comcast Does Not Require Automatic Denial of Rule 23(b)(3) Class Certification in Cases Presenting Individualized Damages Issues
By John Landry
In Roach v. T.L. Cannon Corp., No. 13-3070-cv, 2015 WL 528125 (2d Cir. Feb. 10, 2015), the Second Circuit Court of Appeals held that Comcast Corp. v. Behrend, 133 S.…