Topic
class certification
957 published works
Drug & Device Law
When It Comes to Class, Objective Is Better Than Subjective
We again post the day after a holiday, when stores are flooded with shoppers—this time exchanging gifts purchased last time. We discuss a case involving discussions of “consumer value” and “fair market value.” So,…
Class Action Countermeasures
The Ten Most Significant Class Action Cases of 2014
By The Editors
Year-end lists are funny things. They take a sort-of arbitrary starting and stopping point, and then they cram a bunch of prejudices into a (usually) arbitrary number of items. And…
Consumer products law blog
Ninth Circuit finally poised to decide ascertainability split
At long last, the Ninth Circuit has heard the cries of confused class action litigants and will be weighing in on whether self-identification of class members (without the benefit of…
Labor Law Prof Blog
Seiner Cited in Ninth Circuit’s Aguilar Decision
Our own Joe Seiner was cited a couple of times in the Ninth Circuit's recent Aguilar decision. In the en banc decision, the court held that the Supreme Court's Gore ration test…
The Brand Protection Blog
Jamba Juice class deemed ascertainable; Skinnygirl class is not
Federal courts continue their divide on ascertainability requirements for small-ticket items in the wake of Carrera v. Bayer. Just recently, district courts in California and Illinois (neither of which are…
Class Action & Mass Torts
Faulty Damages Model Leads to Partial Decertification
By Robin Achen
On November 6, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted in part defendant Dole’s motion for decertification in…
Consumer Class Defense Blog
Third Circuit Continues Trend of Creating Class Certification Hurdles for Mutli-State Class Actions
The Third Circuit recently ruled in Grandalski v. Quest Diagnostics, Inc., that the common law claims in a nationwide class action were not appropriate for class treatment because the court…
Class Defense Blog
Yes, you really did settle all your claims when you said you did: Ninth Circuit dismisses appeal of class certification denial by plaintiff who accepted Rule 68 offer
By Donald Falk
A plaintiff hopes to represent a class to pursue two sets of wage-and-hour claims but runs into headwinds in the district court. First, one set of claims disappears because his…
Consumer products law blog
Jamba Juice class deemed ascertainable; Skinnygirl class is not
Federal courts continue their divide on ascertainability requirements for small-ticket items in the wake of Carrera v. Bayer. Just recently, district courts in California and Illinois (neither of which are…
Product Liability & Mass Torts Blog
Self-Selection of Lawsuit Class Members Coming Under Fire
By Shawna Boothe, Joseph J. Krasovec III
A putative class action plaintiff's affidavit claiming that they qualify to be a class member may not be sufficient in many cases going forward. This "self-selection" of class members is…