Topic
class certification
957 published works
Inside Class Actions
Tenth Circuit Adopts Majority View not Requiring “Administrative Feasibility” for Ascertainability
In Cline v. Sunoco, Inc. (R&M), 2025 WL 3199871 (10th Cir. Nov. 17, 2025), the Tenth Circuit adopted the majority view that “administrative feasibility” for identifying class members is not…
Class Actions Insider
Consumer Deception and Price Inflation Case: Eighth Circuit Reverses Class Certification Based on Individualized Issues
If, like me, you grew up during (or otherwise lived through) the 1980s, you’ll recall the ever-present jingle “The best part of wakin’ up is Folgers in your cup” (and…
TCPA Blog
Class Certification Runs Out of Gas Over Consent Questions
By Kaylee A. Racs, Paul A. Rosenthal, Michael P. Daly, Justin O. Kay
The Northern District of Texas recently denied class certification in Rhonn Mitchell v. Toyota of Dallas, a putative class action arising from allegations that Toyota of Dallas (TOD) had violated…
Inside Class Actions
Valuation and Standing—The Sixth Circuit Creates a Class Action Split
By Ainsley McMahon, Sonya Winner
In its recent decision in Clippinger v. State Farm, the Sixth Circuit addressed the certification of a class in a breach-of-contract dispute over insurance valuation claims, in which the defendant…
Class Actions Insider
Ninth Circuit Finds Class Certification Inappropriate in Case Involving Projected Sold Adjustments on Auto Insurance Total Losses
A recent Ninth Circuit decision reconciled other decisions within that circuit involving auto insurance total losses, concluding that individual questions predominated and therefore affirming the district court’s denial of class…
Inside Class Actions
Ninth Circuit Affirms Denial of Class Certification Finding Lack of Predominance
By Daniel Esses
A divided Ninth Circuit panel recently affirmed a district court’s denial of class certification based on a lack of predominance. See Ambrosio v. Progressive Preferred Ins. Co., 2025 WL 2628179…
TCPA Blog
Fourth Circuit Affirms Exclusion of Ascertainability Expert and Denial of Certification
By Michael P. Daly, Katrina Meyer
The Fourth Circuit, on appeal from the Eastern District of Virginia, recently upheld the denial of class certification due to the unreliability of the plaintiff’s expert opinion regarding the ascertainability…
Class Action Defense Blog
You’ve Got Mail But Not Class Certification
By Gerald L. Maatman, Jr., Shannon Noelle, and Ryan Garippo Duane Morris Takeaways: In a recent opinion in Fischbein v. IQVIA Inc., Case No. 19-CV-5365 (E.D. Pa. June 5, 2025),…
Inside Class Actions
Ninth Circuit Affirms Class Certification Based on Unexecuted Damages Model
By Sonya Winner, Cort Lannin, Lelia Ledain, Christopher Forcini
Extending its recent decision in Lytle v. Nutramax Laboratories, Inc., 114 F.4th 1011, 1032 (9th Cir. 2024), the Ninth Circuit recently affirmed class certification in a false advertising case based…
Class Action Defense Blog
The Class Action Weekly Wire – Episode 109: Mid-Year Class Certification Report & Analysis
Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partners Jerry Maatman and Jennifer Riley with their report on trends analyzed in the class…