Topic
class certification
957 published works
Drug & Device Law
Guest Post – Charlton in Charge: British Columbia Court of Appeal Overturns Pharmaceutical Class Action Certification Due to Plaintiff’s Failure to Provide Workable Causation Methodology
By Bexis
What follows is a guest post about a significant class action decision in Canada. Our guest poster today is Chris Horkins of the Canadian firm Cassels Brock & Blackwell LLP. …
Mass Tort Defense
Plaintiff Cannot Broaden Class After Certification Hearing
By Sean Wajert
A not uncommon tactic in class actions is for plaintiffs to propose one class definition to obtain certification (one minimizing individual issues) an
Class Actions Insider
Comcast, Superiority, Predominance and Injunctive Relief Addressed in Recent Second Circuit Class Certification Opinions
By Wystan Ackerman, Wystan Ackerman
The Second Circuit recently addressed a panoply of class certification issues in two opinions. Both decisions ruled in favor of the plaintiffs, but will help defendants tailor their arguments in…
Class Defense Blog
Plaintiffs Who Settle Individual Claims Can’t Appeal Class Claims in the Ninth Circuit Unless They Retain a “Financial Interest” in the Case
By John Nadolenco, Evan M. Wooten, Elizabeth Crepps
The Ninth Circuit recently clarified the circumstances in which a plaintiff who settles his or her individual claims can appeal the denial of class certification of related claims. In Campion…
The Contingency
Why Comcast Corp. v. Behrend Went Off the Air
In Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015), the Second Circuit gave a narrow reading of the Supreme Court's ruling on class certification in Comcast Corp. v.…
Class Actions Insider
Can A Certified Class Include Uninjured Parties? First Circuit Majority Says “Yes,” In Some Instances
By Wystan Ackerman, Wystan Ackerman
One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not…
Sixth Circuit Appellate Blog
On Remand From Comcast, Sixth Circuit Refuses Class Certification Appeal
Yesterday, in an unpublished opinion, the Sixth Circuit refused Rule 23(f) certification of an antitrust class action. In re VHS of Michigan, Inc. The Sixth Circuit had previously remanded this…
Class Defense Blog
U.S. Chamber of Commerce Files Amicus Brief on Ascertainability in Key Ninth Circuit Case
By Archis A. Parasharami, Hannah Chanoine
As readers of our blog know, ascertainability is one of the most contentious issues in class action litigation these days. Ascertainability is the main issue presented in Jones v. ConAgra…
California Employment Law Update
Trial Court Properly Denied Class Certification For Unpaid Meal Break Claims
By Tony Oncidi
In re Walgreen Co. Overtime Cases, 231 Cal. App. 4th 437 (2014) The putative class members in this case moved for class certification on the theory that although Walgreens's stated…
Product Liability & Mass Torts Blog
The Rise of Issue Class Certification Presents New Risks For Mass Tort and Consumer Product Defendants
By Shawna Boothe, Matt Schiltz
Mass tort and consumer product class actions are on the rise as courts grow more willing to certify classes solely on the issue of liability. In the past, certification of such…