Topic
class certification
957 published works
Class Action Lawsuit Defense
In “Zombie” Class Action, Seventh Circuit Requires Plaintiffs to Present Evidence to Prove Home-State Exception to CAFA Jurisdiction
On Tuesday, the Seventh Circuit decided Myrick v. Wellpoint, Inc., Nos. 12-3882, 13-2230, 2014 WL 4073065 (Aug. 19, 2014), which held that plaintiffs were required to produce evidence—and not merely…
Class Actions Insider
Affirmative Defenses Must Be Addressed In Class Certification Order, According To Texas Court of Appeals
By Wystan Ackerman, Wystan Ackerman
A recent decision of the Texas Court of Appeals in Austin (Third District) caught my eye. Not because it involved insurance; rather, it was a securities class action challenging a…
Technology Law Dispatch
TCPA Plaintiffs Secure Victories in Recent Rulings on Class Certification and Prior Express Consent
By Albert Hartmann, Henry Pietrkowski
In separate cases, one Illinois federal judge issued several rulings favorable to Telephone Consumer Protection Act (TCPA) plaintiffs on key issues. One ruling certified classes of almost 1 million consumers…
Business and Commercial
Fourth Circuit Denies As Untimely A Request To Review A Decision On A Motion To Decertify A Class In Light Of Comcast v. Behrend
By Rebecca Bjork and Gerald L. Maatman, Jr. On July 25, 2014, a three-judge panel of the Fourth Circuit refused to accept a Rule 23(f) interlocutory appeal in a case…
Class Actions Insider
Insights from DRI Class Action Seminar 2014 – Part 2
By Wystan Ackerman, Wystan Ackerman
Here is part two of my insights from DRI’s 2014 class action seminar held last week: Halliburton v. Erica P. John Fund Decision: Aaron Streett, who argued the Halliburton v.…
World of Employment
California Supreme Court Makes It Easier For Workers in Misclassification Cases To Obtain Class Certification
wage laws FLSA "indpendent contractor" employee class action commonality predominate certification California
Class Action & Mass Torts
Seventh Circuit Marginalizes Comcast And Rules That “Common Damage” Is Not Required For Class Certification In Products Cases
By Gerald L. Maatman, Jr. and Jennifer A. Riley On July 2, 2014, the U.S. Court of Appeal for the Seventh Circuit entered its opinion in IKO Roofing Shingle Products…
The D&O Diary
Guest Post: Class Certification Timing and the IndyMac MBS Case in the Supreme Court
As I discussed in a prior post (here), in March 2014 the U.S. Supreme Court agreed to take up the IndyMac case in order to consider whether the filing of…
Labor & Employment Law Blog
Cal. Supreme Court Clarifies Standards for Class Certification of Independent Contract Class Actions
On Monday, the California Supreme Court issued yet another decision on class certification; this time in an action challenging the independent contractor (“IC”) classification of a proposed class of Antelope…
Corporate & Securities Law Blog
U.S. Supreme Court Decision Gives More Latitude to Defeat Securities Fraud Class Action Lawsuits Prior to Class Certification
In Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, __ S Ct. __, 2014 WL 2807181 (U.S. June 23, 2014), the United States Supreme Court refused to overturn…