Topic
class certification
957 published works
Employment Class Action Blog
California District Court Finds Bankrupt Named Plaintiffs Not Adequate Representatives
By Greg Mersol
Anyone questioning whether the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), has had an impact need look no further than the decision in…
Class Action Lawsuit Defense
Court Takes Cue from Comcast v. Behrend, Certifies Class as to Liability but not Damages
Fort Worth Employees' Retirement Fund v. J.P. Morgan Chase & Co. In what appears to be an increasingly common practice since the Supreme Court decided Comcast Corp. v. Behrend, 133…
Real Lawyers Have Blogs
Top 10 in Law Blogs: Drunk Jurors, MH 370 Search, Class Certification
Well, today's is a good one. It's always nice when Trey Mills checks in, as his posts have as much personality as anyone's—today, he writes on lessons learned from a…
Class Action Countermeasures
What Is the Standard for Class Certification?
By The Editors
The answer is nowhere near as simple as you might think. Everyone knows that a court is supposed to conduct a "rigorous analysis," but what that means in practice is…
Employment Class Action Blog
Merits Trump Certification Issues in Two Southern District of New York Cases
By Greg Mersol
Three years ago, the Supreme Court found in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551-52 (2011) that courts “frequently” will need to look to the merits in…
Law and the Workplace
Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based on Alleged “Unofficial Policy”
By Anthony DiBenedetto, Laura Reathaford
On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without…
Wage & Hour Litigation Blog
Unreliable Survey Dooms IBM Workers’ Bid for Class Certification
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Steve Shardonofsky and Rebecca DeGroff Last week, in Sirko v. IBM, a federal district court in California rejected the plaintiffs’ efforts to use a rudimentary survey to establish…
Wage & Hour Litigation Blog
NO “DEAL” ON SALES REPS’ CLASS CERTIFICATION BID AGAINST GROUPON, BUT THEY ARE INVITED TO TAKE A SECOND BITE AT THE APPLE
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Timothy F. Haley and Arthur J. Rooney A federal court in Chicago recently denied class and collective action certification in a wage-hour case brought by sales representatives for Groupon. …
Class Defense Blog
Fourth Circuit puts teeth into ascertainability, commonality, and predominance requirements for class certification
By Donald Falk
Sometimes it’s hard to know who’s in a class without substantial individualized inquiries. Can a court certify a class of persons with allegedly similar injuries by pigeonholing the question of…
Employment & Labor
Michigan Court Of Appeals Affirms Certification Of Class Of Male Corrections Officers Alleging Reverse Discrimination
By Gerald L. Maatman, Jr., and Alexis P. Robertson On August 19, 2014, in Nowacki v. Department of Corrections, Case No. 315969 (Mich. Ct. App. Aug. 19, 2014), the Michigan Court of Appeals affirmed…